Oral Answers to Questions

Jeremy Wright Excerpts

Thursday 2nd July 2015 Commons Chamber

[Suella Fernandes (Fareham) (Con)]

6. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence in the past two years.

[The Attorney General (Jeremy Wright)]

Over the past two years, the Crown Prosecution Service has worked with the police to increase the number of referrals for rape and domestic abuse. As a result, the number of people prosecuted for those offences last year was the highest ever. However, more is being done to increase conviction rates, particularly in rape cases, through better training and specialisation among prosecutors and better presentation of cases to juries.

[Kelly Tolhurst]

What factors explain the variance in conviction rates for domestic violence and rape cases? Will the Attorney General join me on a visit to Kent to meet the excellent Crown Prosecution Service staff?

[The Attorney General]

I welcome my hon. Friend to her place. She is absolutely right that there is variance in the statistics, but it is worth noting that there is a difference between what used to happen to bring about those unsuccessful outcomes and what happens now. A large proportion of unsuccessful outcomes in these cases are the result of jury acquittals. The proportion that results from victim issues or discontinued cases is going down. It is important that we do what we can to help juries reach the right conclusion in each case. She will know that I have visited her constituency in the past, as have many hon. Friends. We rather hoped that she would be in a position to ask questions in this House as a result, and I am glad that she is. I will be happy to visit again.

[Suella Fernandes]

I declare an interest as a barrister, and indeed as a member of the same chambers as the Attorney General. I welcome the recent statistics showing the highest ever conviction rate nationally for rape and domestic violence cases, but does he share my concern about the figures in Hampshire, where the conviction rate for rape fell in 2014-15? What action will he take to address that?

[The Attorney General]

I welcome my hon. Friend to her place—I am delighted that she has joined us. This must surely be the safest place to say that there can never be too many lawyers in the House of Commons. [Interruption.] It is the safest place, but still not entirely safe.

It is a matter of concern that the conviction rate in Hampshire is not higher. As I mentioned in my previous answer, we need to look at the factors that are bringing about unsuccessful outcomes. As my hon. Friend well understands, it is not true that acquittal is the wrong outcome in every case, but we need to do everything we can to ensure that cases are presented robustly to juries so that they can reach the right conclusions.

[Colleen Fletcher (Coventry North East) (Lab)]

An effective way of increasing the number of referrals from the police and increasing the prosecution and conviction rates for such crimes is to ensure that victims of abuse feel confident that they will be taken seriously when reporting the crime and supported by the whole criminal justice system thereafter, bearing in mind that many of them, if not all, are extremely traumatised. What steps is the CPS taking, in conjunction with the police, to ensure that the requisite support for victims is in place throughout the process?

[The Attorney General]

I agree with the hon. Lady. She is entirely right that we need to ensure that victims are supported throughout the process. That starts when a report is made, which of course relies on the police adopting a sympathetic attitude. We then need to see referrals from the police to the CPS. As I mentioned, we are seeing an increasing number of referrals, which is a good sign. We then need to follow through the process, as she says, which is as much about communication as anything else. Giving evidence in court is intimidating for anyone, and even more so for the victims of this type of offending, so we need to ensure that everybody does what they can to ameliorate the process.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

5. What steps he is taking to ensure that the rule of law continues to be upheld in line with the principles of Magna Carta.

[Victoria Atkins (Louth and Horncastle) (Con)]

7. What steps he is taking to ensure the rule of law continues to be upheld in line with Magna Carta.

[The Attorney General (Jeremy Wright)]

Last month, along with guests from many other countries, I attended the commemoration of the sealing of Magna Carta 800 years ago at Runnymede. In the centuries since, the rule of law has played a fundamental part in our national identity. The Lord Chancellor and the Law Officers share a particular responsibility to promote it in Government—one that we all take extremely seriously.

[Jack Lopresti]

Will my right hon. and learned Friend assure me and the House that any future Bill of Rights will contain the principles of Magna Carta? Will he also join me in paying tribute to William Marshal, who later became the Earl of Pembroke? He was one of the original signatories of Magna Carta, served five English kings loyally, saved us from the French, and then reissued Magna Carta under his own seal in 1216.

[The Attorney General]

I am happy to join my hon. Friend in paying tribute to those who brought about the original Magna Carta; we all owe them a great debt. He will know that William Marshal and others would probably not recognise the human rights landscape now; a lot has changed. We want to promote a new and modern version of a Bill of Rights that I hope maintains all the important principles of Magna Carta but recognises what has changed in the past 800 years.

[Victoria Atkins]

I declare that I am a barrister. The county of Lincolnshire holds one of only four copies of Magna Carta. What steps is my right hon. and learned Friend taking to ensure that the principles that have been developed in this country since 1215 are promoted abroad?

[The Attorney General]

I welcome my hon. Friend to her place—another lawyer; this is good news, we are heading in the right direction. She is right to point out that the rule of law is important not just in this country but across the globe, and this country has a proud record of doing what it can to promote it. We are a leading member of the United Nations Human Rights Council. She will be aware of the efforts of our former right hon. Friend, William Hague, in relation to sexual violence in conflict. We are the first state in the world to implement the UN’s guiding principles on business and human rights, and there are other examples.

[Several hon. Members]

rose—

[Richard Arkless (Dumfries and Galloway) (SNP)]

The Prime Minister celebrated the 800th anniversary of Magna Carta by announcing his intention to repeal the Human Rights Act 1998. The Attorney General will no doubt be aware that the European convention on human rights is enshrined in UK law through the Human Rights Act and, in Scotland, through the Scotland Act 1998. What assessment has he made of the implications of the repeal, particularly for the relationship and interactions between Scots law and the legal system of England and Wales?

[The Attorney General]

It is important to draw the distinction between the Human Rights Act and human rights. We are not in favour of the first; we are very much in favour of the second. As for the devolution consequences of any action we may take, the hon. Gentleman will have to be patient and see what proposals my right hon. Friend the Lord Chancellor brings forward. I can assure him, however, that whatever they are, we will engage in proper consultation with the devolved Administrations.

[Fiona Mactaggart (Slough) (Lab)]

Are there any fundamental principles, as opposed to details and modernity, which conflict between Magna Carta and the Human Rights Act?

[The Attorney General]

The hon. Lady will recognise that Magna Carta was far from a perfect expression of human rights. That is why I say that things have moved on in the past 800 years, and we should welcome that. On the European convention on human rights, the Government have been very clear. We have no quarrel with the wording of the convention; our quarrel is with the way in which it has been interpreted by the European Court of Human Rights in Strasbourg. That is the problem we seek to address.

[Keir Starmer (Holborn and St Pancras) (Lab)]

8. What recent discussions he has had with the Director of Public Prosecutions on dealing with vulnerable victims and witnesses.

[The Attorney General (Jeremy Wright)]

I discuss regularly with the Director of Public of Prosecutions support for vulnerable victims, including measures that the CPS can adopt or apply for in the trial process, and ongoing work between the CPS, the police and the voluntary sector.

[Keir Starmer]

I declare an interest as a barrister and a former DPP. Does the Attorney General agree that the time has come for a comprehensive victims’ law, giving enforceable rights from the beginning of the process to the end of the process? If so, will he assure the House that there will be an early consultation on this important issue?

[The Attorney General]

In welcoming the hon. and learned Gentleman to his place, I think he must win the prize for the most impressive declaration of interest so far this morning. He comes at the issue from a uniquely knowledgeable perspective and we are grateful to have him here.

Whether or not the rights of victims are expressed in legislation, there is no doubt that we have more to do to make sure that they are properly supported and informed about the processes of which they are a crucial part. The hon. and learned Gentleman did a huge amount of good work as the Director of Public Prosecutions to assist that process, and, as he knows, there is a good deal more to be done. One of the areas we must look at, straightforwardly, is the opportunity for prosecuting lawyers to speak to victims and witnesses before and after hearings to make sure that they are clear about what is going to happen and what has happened. I think that would be a huge step forward and we will undoubtedly wish to consult the hon. and learned Gentleman and others about what else can be done.

[David Mowat (Warrington South) (Con)]

11. I have no legal qualifications whatsoever.Two years ago, a 13-year-old girl was subjected to three weeks of intimidatory and vicious cross-examination by a team of seven barristers—a process that she described as worse than the initial crime. Will the Attorney General update the House on what he is doing to stop such incidents being repeated?

[The Attorney General]

On my hon. Friend’s declaration of interest, I would simply say that nobody is perfect.

My hon. Friend raises a very serious point. There is no doubt that there have been bad examples of cross-examination in criminal trials. Let us be clear: intimidatory cross-examination is never appropriate. Defence counsel is entitled to put its case to prosecution witnesses, but it should never do so in an intimidatory way. Judges should intervene if that happens, and they now have the power to set ground rules before cross-examination takes place, which is a step forward. As my hon. Friend will be aware, we are in the process of making another huge improvement, namely the piloting of pre-recorded cross-examination for young and vulnerable witnesses, which is much better for many of them. We shall look carefully at the results of those pilots, and if they are what we hope, I am sure that my right hon. Friend the Lord Chancellor will wish to introduce the process more widely.

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

I thank the Attorney General for calling me last weekend to brief me on the DPP’s decision to bring criminal proceedings against Greville Janner following the review by David Perry QC. Of course, we on this side of the House welcome that decision. It allows complainants to see the allegations aired before a jury and shows that the Crown Prosecution Service’s victims’ right to review scheme, which was implemented by the former DPP, my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), is working as intended. I now hope that the future focus will be on ensuring that historical sex abuse cases are properly funded, so will the Attorney General give a commitment to the £50 million of extra funding that the current DPP says she desperately needs to prosecute such cases?

[The Attorney General]

I am grateful to the hon. Gentleman for his opening remarks, but I shall start with his last point. On the upcoming spending round, he will understand that my hon. and learned Friend the Solicitor General and I will do our very best to make sure that the CPS receives the funding it needs. We should pay tribute to the way in which the CPS has made necessary savings and still maintained a good service on the front line.

On the hon. Gentleman’s first point, he knows that it would be wholly wrong for me to say anything at all about the individual case of the noble Lord Janner. In any event, it would not be right for me to do so because, as the hon. Gentleman knows, the protocols for Law Officers are clear: we are not engaged in the detail of any potential prosecution against a parliamentarian.

Let me say this as a more general point: it is vital that our system has independent prosecutors—prosecutors who are independent of us as politicians—who make these difficult judgments. We should stand behind them when they do so, and the victims’ right to review, which the hon. and learned Member for Holborn and St Pancras introduced during his time as DPP, is a positive step to enable victims to challenge those decisions and, where appropriate, for those decisions to be changed. It seems to me that that system worked as it was designed to work in this case.

[Mr Speaker]

Order. Owing to an administrative error, the numbering of the questions to the Minister for Women and Equalities continues from the questions to the Attorney General, so we begin with Question 14.