Asked by: Neil Coyle (Labour - Bermondsey and Old Southwark)
Question to the Attorney General:
To ask the Attorney General, with reference to the oral contribution of the Secretary of State for Northern Ireland on 8 September 2020, Official Report, column 509, on how many occasions since May 2010 the Government has brought forward legislative proposals giving powers to Ministers to breach international law.
Answered by Suella Braverman
Parliament is sovereign as a matter of domestic law and can pass legislation, even if such legislation is in breach of the UK’s treaty obligations. From time to time tensions arise between our international obligations and domestic legislation. In 2012, The House of Lords Reform Bill 2012-13 was brought forward with the statement that the Deputy Prime Minister at the time was ‘unable to make a statement of compatibility under section 19(1)(a) of the Human Rights Act 1998’ which reflects the UK’s obligations under the European Convention on Human Rights (this Bill was later withdrawn for other reasons). Whilst pre-dating 2010, a further example from 2002 was when the then Government introduced the Communications Bill with a section 19(1)(b) certificate under the Human Rights Act 1998 (ie that whilst the Minster is unable to make a statement of compatibility the government nevertheless wishes to proceed with the Bill) because it was perceived that clause 309 of that Bill could be considered to violate our international obligations under article 10 of the ECHR. The current legislative proposal, if enacted, would deliver the wider objectives of the Protocol, which is to protect peace in NI and the Belfast (Good Friday) Agreement.
Asked by: Neil Coyle (Labour - Bermondsey and Old Southwark)
Question to the Attorney General:
To ask the Attorney General, how many prosecutions there have been for moped-enabled crimes in each London borough in each of the last seven years.
Answered by Jeremy Wright
The Crown Prosecution Service (CPS) does not maintain a central record of the number of defendants prosecuted for offences which involved the use of mopeds. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.
Asked by: Neil Coyle (Labour - Bermondsey and Old Southwark)
Question to the Attorney General:
To ask the Attorney General, what steps the CPS is taking to ensure a higher rate of prosecution for knife crimes.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) recognises that carrying an offensive weapon, a knife or a bladed/pointed article is a serious offence as the unlawful provision and possession of weapons encourages violence and can cause serious injury and death in addition to facilitating other criminal offences.
The CPS acts robustly to deter the carrying and use of knives and offensive weapons and has issued guidance to prosecutors on the prosecution of knife crimes. The guidance provides advice when deciding what offence to charge, the public interest considerations to apply and comments on sentencing practice.
It has been agreed between the National Police Chiefs Council (NPCC) and the CPS that a more robust response is required in respect of youths aged 16 and 17. Guidance issued to the police by the NPCC has been shared with prosecutors to emphasise the consistency of approach of the two organisations and to underline the shared expectation that where there is sufficient evidence to provide a realistic prospect of a conviction, a prosecution should normally result.
The CPS participates in the cross-Government Ending Gang Violence and Exploitation programme of work which includes a work-stream to reduce violence and knife crime.
CPS data on offences charged and reaching a first hearing at magistrates’ courts shows an increased number of prosecutions for the year 2014-2015 in comparison with the previous year.