Oral Answers to Questions
Emily Thornberry Excerpts(12 years, 10 months ago)
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The Solicitor-General
The CPS, of course, keeps quite a range of different management information, but that is not one of them. I am certainly happy to consider whether it would be possible, but against the background that we do not want to clog up the system with a lot of over-reporting and regulatory concerns at a time when we are reducing costs.
Emily Thornberry (Islington South and Finsbury) (Lab)
I am concerned about the Solicitor-General’s complacency on this issue, particularly in the light of what has happened in the last three weeks. Crown court judges across the country, from Bristol to Warwick and from Warwick to Croydon, have said publicly what all those working in the criminal justice system have been saying privately for some time—that the CPS is dogged by delays and disorganisation, that trials are being put at risk and that there is a danger that people charged with very serious offences such as murder and rape will walk away scot-free. I have written to the Director of Public Prosecutions about this, and I would ask the Solicitor-General to acknowledge these problems and tell us exactly what it is that he is going to do about them.
The Solicitor-General
The hon. Lady has written a letter to the Director of Public Prosecutions, citing three cases out of 800,000—and they are not what they seem. For example, in one case, the advocate for the prosecution fell ill at court; the judge was not aware of that and made some comments about the way in which the case was being conducted, but at the time—
The Solicitor-General
It was indeed a serious case, but when that advocate fell ill, he was replaced by another, and a conviction followed.
I do not think that picking three instances, all of which involve special circumstances, is the right way of dealing with this. The HMCPSI report examined 2,800 cases, reviewing the files in detail, and they presented a promising picture.
Oral Answers to Questions
Emily Thornberry Excerpts(12 years, 11 months ago)
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The Attorney-General
My hon. Friend raises an important issue, but ultimately it is rather outside my remit. There are circumstances in which compensation can be paid to victims of crime, including from assets that may have been recovered. The Crown Prosecution Service and the SFO will operate according to the rules that are laid down.
Emily Thornberry (Islington South and Finsbury) (Lab)
The new director of the Serious Fraud Office has said that we should have a sensible debate about the introduction of the new offence of corporate criminal liability, so that companies could be prosecuted for fraud, as they are under the Bribery Act 2010. Does the Attorney-General agree that it is a good idea to have such a debate, or does he agree with some of his colleagues that instead of being built on, the Bribery Act should be watered down?
The Attorney-General
If I may say first, there is no question, as far as I am concerned, of the Bribery Act being watered down. It is true that the interpretation of the Act has at times given rise to difficulties, including unnecessary ones for businesses in understanding what it requires of them, so an educational process may be required.
On changing the rules on criminal liability, I am the first to recognise that it is an important issue and one that will obviously require major debate and consideration in this House. There are compelling arguments for why that should happen, but equally perfectly sound arguments have also been made about why it should not happen.
Oral Answers to Questions
Emily Thornberry Excerpts(13 years, 1 month ago)
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The Attorney-General
My hon. Friend is right that the statistics for SFO cases were previously based on the number of defendants sentenced, rather than those convicted. Consequently, because the number of cases is very small, we can get huge statistical shifts simply by looking at it in a different way. That is why, as I explained earlier, I do not think that trends in the statistics are a good indication of performance. Overall, I prefer to rely on HMCPSI’s report.
Emily Thornberry (Islington South and Finsbury) (Lab)
As the Attorney-General knows, the offence of misconduct in public office occurs when a public officer, without reasonable excuse,
“wilfully neglects to perform his duty and/or wilfully misconducts himself… to such a degree as to amount to an abuse of the public’s trust in the office holder.”
Is he aware of any reason why the former director of the SFO, Richard Alderman, should not be investigated for misconduct in public office over the circumstances of his failure, as senior accounting officer, to obtain authorisation for payments to senior staff members of over £1 million?
The Attorney-General
As I am sure the hon. Lady is aware, if it is thought that somebody has committed a criminal offence and it will be subject to investigation, that would not be a matter on which I could possibly comment in the House.
Oral Answers to Questions
Emily Thornberry Excerpts(13 years, 3 months ago)
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The Attorney-General
As my hon. Friend will appreciate, the CPS gets it references from the police, so unless a case is referred to it, it cannot carry out an investigation. It works closely with the police, however, both to improve the conviction rates for rape—it has been consistently successful in doing that for some years—and to encourage people to come forward by ensuring that the victim support process available provides reassurance that people will be helped.
Emily Thornberry (Islington South and Finsbury) (Lab)
Has the tragic suicide of Frances Andrade after giving evidence as a victim of rape not shown us that we have a system strewn with high-minded codes, pledges and guidance to victims that are brushed aside in practice? She was refused counselling and, as already stated, her PCC has said that victims will not and should not be referred for counselling until after they have given evidence. That is clearly in breach of the agreed code. Is the CPS in charge of these cases or not? It clearly did not know what was happening in the case of Mrs Andrade. In how many other cases has the victim not been properly supported and does the CPS simply not know what is going on? I welcome the fact that the Home Secretary has stated that she will look into this and that the Attorney-General has stated today that he will too, but is it not time that we had a proper review that overarched all the agencies to ensure that we have a decent rape prosecution policy in this country, not one that just looks good on paper?
The Attorney-General
I share the hon. Lady’s concerns, although I am not sure I entirely share the sweeping generalisations that she derives from them. As I said earlier, the evidence is that, under the last Government and the present Government, through the work of the CPS, the conviction rate for rape has consistently been improving. The House will want to bear that in mind.
On the very serious suggestions that Mrs Andrade was somehow misled, yes that is a matter of concern to me. As I indicated in an earlier answer, the information I have been given supports my view that both the CPS and the Greater Manchester police correctly advised her and recommended routes by which she could obtain counselling. The suggestion that some other organisation or police force might have said something to the contrary is obviously of serious concern and will be looked into.
Oral Answers to Questions
Emily Thornberry Excerpts(13 years, 4 months ago)
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The Attorney-General
I thank my right hon. Friend for his question, in whichever context. The Serious Fraud Office is carrying out a major inquiry and investigation into the LIBOR scandal. The conduct of the investigation is obviously a matter for the SFO, but the matter has not been ignored.
Emily Thornberry (Islington South and Finsbury) (Lab)
The Attorney-General has referred to the report by Her Majesty’s Crown Prosecution Service inspectorate. I have read it, and it says that the Serious Fraud Office needs to improve its performance and appears to be suffering considerable resourcing problems. Will he consider the suggestion by the director of the SFO that the agency be allowed to retain more of the proceeds of crime that it confiscates? Might that be a way in which it could increase its funding?
Oral Answers to Questions
Emily Thornberry Excerpts(13 years, 5 months ago)
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The Deputy Prime Minister
I do not know how many times I have clearly set out my position—
The Deputy Prime Minister
The hon. Lady does not normally welcome my views on most issues, but I will do as she asks. My view is that because of the failure to deliver the wider package of constitutional reform we entered into, it is entirely reasonable—a deal being a deal—that other parts of the package are not proceeded with. That is why my party wants the implementation of boundary changes to be delayed beyond the next general election, and that is how we will vote when the opportunity arises.
The Attorney-General
Bribery and corruption are serious offences. Guidelines have been published to help companies in that respect, and I have every confidence that no company will be prosecuted unless it has committed a serious offence. I cannot, however, give an undertaking that the guidelines will not be subject to review. The guidelines will evolve over time, and they are just that—guidelines. Ultimately, it is for the director of the SFO and the Director of Public Prosecutions to make a decision based on an evidential test and the public interest.
Emily Thornberry (Islington South and Finsbury) (Lab)
Two weeks ago we were astounded to learn that the former chief executive of the Serious Fraud Office had received an unauthorised send-off of £440,000 for just two years in the post. Last week we learned that the outgoing chief operating officer struck a confidential deal similar to that offered to Ms Williamson. What is the scale of that second payment and can it be stopped? Who knew about both payments, and when? Is this negligence, incompetence, or a deliberate bypassing of the system? Finally, what guarantees can the Attorney-General give the House that he is no longer asleep at the wheel?
The Attorney-General
First, neither I nor anyone in my office was aware of the irregular payments that were made. They came to light subsequently on the appointment of the new director, and are a matter of great concern to me, as are all irregular payments. I am satisfied that the new director has put in place all necessary measures to ensure that such a matter will not occur again. The hon. Lady asked about dates. I would be happy to write to her so that she is aware of exactly when the matter came to light, although I am afraid I do not have that recollection in my mind at the moment. I will ensure that her point about the chief operating officer is also answered.
Oral Answers to Questions
Emily Thornberry Excerpts(13 years, 6 months ago)
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The Attorney-General
It is my understanding that there will be the opportunity for a debate on this matter next Monday, 22 October, which I believe will be led by my right hon. Friend the Home Secretary. Obviously, I will be present for as much of the debate as possible to listen to what is said.
Emily Thornberry (Islington South and Finsbury) (Lab)
The Attorney-General’s statement is greatly to be welcomed, and the families had a very positive meeting with the DPP yesterday. All hon. Members hope that justice for the Hillsborough families is finally in sight. However, the Crown Prosecution Service faced criticism for failing to act 14 years ago when it was presented with evidence of the wholesale alteration of witness statements by South Yorkshire police and their solicitors. In order to build further public confidence in the process launched by the DPP last week, will the Attorney-General consider discussing with the DPP the value of instructing, at the outset, a senior and independent-minded Queen’s counsel to lead the review of evidence and the decision-making process on any possible prosecutions? Does he agree that such an additional check and balance would be helpful and positive?
The Attorney-General
I thank the hon. Lady for her comments. I understand that she wrote to the DPP on 8 October, which I believe his office received last Friday, to raise some of those issues. I understand that she will get a reply from him as soon as possible.
May I reiterate that the DPP, under our constitutional system, acts entirely independently from myself, although I have superintendence. I am sure he will have noted the hon. Lady’s comments. The question as to how he best goes about conducting his operations within the CPS, bringing prosecutions or reviewing any matter that is historic, is a matter for him, but it is always open to him to discuss it with me.
Oral Answers to Questions
Emily Thornberry Excerpts(13 years, 10 months ago)
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The Deputy Prime Minister
I cannot give the right hon. and learned Lady a precise figure, but I hope that—
The Deputy Prime Minister
Because I am not a walking encyclopaedia. I do not have all these facts and figures. [Interruption.] Oh, I am sorry. Am I also guilty of not knowing every single departmental statistic? I am sure the hon. Lady would have had the figure at her fingertips if she were in my position. Honestly!
None the less, I hope that the right hon. and learned Lady will co-operate with the Government in a positive spirit as we enthuse many, many children to take up sports that they have not taken up before and as we move towards this historic occasion of the Olympics.
The Attorney-General
It is clear that there will be close co-operation between the SFO and the National Crime Agency and its economic crime command. However, in setting up the agency we gave careful consideration to whether there was any point in moving the SFO into it, and the conclusion reached was that the SFO’s work was so distinctive that it did not fit naturally into the agency’s work, and so important that it should be maintained as a separate entity.
Emily Thornberry (Islington South and Finsbury) (Lab)
The Americans spend massive amounts of money on prosecuting fraud. Indeed, the increase in their budget this year is more than the total amount that we spend on the SFO. On this side of the Atlantic, we are cutting our budget by 25%. No wonder the bankers laugh at us. Too many people in the City believe that the rules apply only to little people and not to them.
While we welcome the additional £3 million for the prosecution of LIBOR offences which was announced in the Financial Times and which has been hastily gathered from the crumbs that have fallen from the Treasury’s table, we ought to note that it amounts to only 5% of the Barclays LIBOR fine. Is it not too little too late? Will the Attorney-General take account of the call this week from the Leader of the Opposition for the establishment within the SFO of a properly funded, dedicated banking and financial crime unit, recruiting the best and headed by a high-profile prosecutor, so that those fraudulent, thieving bankers can be sent to prison like the common criminals they are?
The Attorney-General
As the hon. Lady will know, the SFO and its directors have indicated that they have initiated a criminal investigation. At no point during the time for which I have had superintendence has it been suggested to me by any director of the SFO that they were not able to take on a case that they considered that they should be able to take on because they did not have enough funds to do so.
The Attorney-General
What happened last summer was that the perfectly sensible decision was made that the Financial Services Authority should initiate its regulatory inquiry, and should liaise with the SFO while it was being carried out until the regulatory investigation was finished. When it was finished, the SFO considered the matter, and has initiated a criminal inquiry.
That said, I fully accept the hon. Lady’s point: it is possible that we could spend more money on the SFO. I should also point out, however, that within the totality of funding for prosecutorial functions in England and Wales, the level of funding for the SFO is similar to that which prevailed under the last Government—and it is not, of course, the only prosecutor of fraud.
The Solicitor-General
I think the media are quoting a letter shown to them by the shadow Attorney-General—
The Solicitor-General
The hon. Lady has not seen it either. We are both in the dark, that is wonderful—[Interruption.] The shadow Attorney-General does not know anything, apparently. Let me enlighten her—[Interruption.] She is obviously in a hurry to learn.
The criminal justice system Olympics working group has adopted the following definition of an Olympic offence:
“any offence…committed and charged in the period 1st July to 30th September 2012, and is…stated by any Court to be directly connected to the 2012 Olympic or Paralympics Games”.
It is a definition of a type of crime, not a new offence.
Oral Answers to Questions
Emily Thornberry Excerpts(14 years, 1 month ago)
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The Attorney-General
Yes, I share the right hon. Gentleman’s concern. When we first came to office I devoted some attention to the issue, and particularly to the balance between work done by Crown advocates within the service and that done by the independent Bar. As the right hon. Gentleman will know, there have been some changes in the way in which that work is allocated, and I hope very much that the quality of both the work done by the independent Bar and that done in-house will improve as a result. The Director of Public Prosecutions takes this matter very seriously.
Emily Thornberry (Islington South and Finsbury) (Lab)
On 6 April it will be four years since the Corporate Manslaughter and Corporate Homicide Act 2007 came into force, but although between 250 and 300 people die at work each year—deaths which, according to the Health and Safety Executive, are usually avoidable—only two companies have ever been prosecuted under the Act. Does the Attorney-General know what is wrong, and if not, will he conduct urgent inquiries and make a statement to the House as soon as possible?
The Attorney-General
I shall be extremely happy to go away and seek the detailed views of the Director of Public Prosecutions, and to write to the hon. Lady and place the letter in the Library. I have discussed the matter with the DPP on occasion, particularly in view of my background as a health and safety practitioner.
Corporate manslaughter is the most serious offence for which people can be prosecuted, but prosecutions can sometimes be brought to cover similar sorts of offence within the health and safety laws. I know of no evidence to suggest that the Crown Prosecution Service is not correctly applying its approach to deciding when a prosecution for corporate manslaughter is appropriate, but in order to reassure the hon. Lady in response to what was a very sensible and pertinent question, I will endeavour to provide her with the information.
Oral Answers to Questions
Emily Thornberry Excerpts(14 years, 3 months ago)
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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.