Oliver Heald
Main Page: Oliver Heald (Conservative - North East Hertfordshire)Department Debates - View all Oliver Heald's debates with the Cabinet Office
(10 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs Mary Glindon (North Tyneside) (Lab)
5. How many local authorities have signed up to the information-sharing protocol for cases of child abuse launched in November 2013 by the Director of Public Prosecutions.
The Solicitor-General (Oliver Heald)
The national protocol came into force on 1 January this year. The aim is for all parties to sign a local protocol as soon as possible. The Crown Prosecution Service intends to carry out a survey of all CPS areas to monitor progress.
Mr Hanson
If the voluntary approach does not produce the goods that the Minister and the Opposition wish to see, will he consider making it compulsory for local authorities to sign such protocols, given the importance of the issue? In particular, will he discuss it in my area with the National Assembly for Wales?
The Solicitor-General
It is very important that local protocols should be signed so that there is a clear, seamless process and when an investigation starts the information is shared with the other authorities. A draft protocol has now been sent to contacts in all the local authorities in the right hon. Gentleman’s area, and discussions are continuing. It is thought that it will be possible to have the protocol signed by the middle of March.
Mrs Glindon
Given that openness and information sharing are key to prosecuting these cases, what assurance can the Solicitor-General give that the Government will resist calls to introduce suspect anonymity in cases of historical child abuse and rape?
The Solicitor-General
On the subject of information sharing, tomorrow the judges in Newcastle are meeting all the local authorities to try to agree a way forward. There are certainly no current plans to change the anonymity rules. If the hon. Lady wants to discuss this with me, I would be more than happy to do so.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
My hon. and learned Friend knows how important information sharing is in this very sensitive area. He is no doubt aware of the successful conviction of the former head teacher of Caldicott preparatory school the week before last in my constituency. Will he join me in paying tribute to Mr Tom Perry, who revealed his own historical child abuse to enable this prosecution to go forward? What encouragement can he give to Mr Perry and his colleagues as regards the Government looking favourably on mandatory reporting for regulated activities, which could help to protect more of our children in future?
The Solicitor-General
This was an horrendous case, and, like my right hon. Friend, I pay tribute to Tom Perry for his courage. She is absolutely right about information sharing and, as I said in response to the right hon. Member for Delyn (Mr Hanson), it is important to have these local protocols in place so that information is shared expeditiously from the very beginning. We believe that that will happen; certainly, very good progress is being made. We will look at the results of the survey and at that point we will be able to see where we stand.
Mr David Winnick (Walsall North) (Lab)
On child abuse, is any progress being made on prosecutions for female genital mutilation? Is the Solicitor-General aware of the disappointment felt by so many people all round the country that so far it seems that this issue is not being taken seriously enough? Can we expect prosecutions in the near future?
The Solicitor-General
I thank the hon. Gentleman for that question, because this is a very important issue. Ministers met non-governmental organisations last week to discuss how to make progress. A number of things are happening. He will know that the Crown Prosecution Service is currently reviewing 10 cases, and it is very much hoped that it will be possible to ground a prosecution. However, the key thing is that one does need evidence, so it is very important that the information gathering for the sort of evidence that is needed for a successful prosecution is found and pursued. Every effort is being made, and I have recently visited all the units concerned.
Emily Thornberry (Islington South and Finsbury) (Lab)
Child abuse and rape prosecutions are falling because the agencies are not working together. I have uncovered the fact that local authorities are not disclosing information to police and prosecutors and the fact that the police are referring fewer and fewer cases to prosecutors. We now need to know what the Solicitor-General and his brother and sister Ministers are going to do to show some leadership on this issue. Are the Government doing nothing about it because violence against women and girls is not a priority for them, or because the 27% cuts to the CPS and the loss of a quarter of its lawyers mean that the Solicitor-General is resigned to the idea that more and more cases are going to be dropped?
The Solicitor-General
It is sad to hear the hon. Lady traduce the Crown Prosecution Service in that way. The fact is that we have the highest ever level of conviction rates for rape, for domestic violence and for child abuse, and the people who are prosecuting these cases are doing an excellent job. She knows that we are investigating fully, through a six-point plan, why referrals are falling in some parts of the country, but the idea that the Crown Prosecution Service can be criticised when it is doing the best it has ever done in terms of conviction rates is quite wrong.
Jake Berry (Rossendale and Darwen) (Con)
2. What recent discussions he has had with the Treasury Solicitor on the development of a shared legal service. [R]
Priti Patel (Witham) (Con)
4. What recent discussions he has had with the Crown Prosecution Service on the use of diminished responsibility defences in domestic homicide cases.
The Solicitor-General (Oliver Heald)
The CPS is working to strengthen its approach to domestic homicide cases, particularly where the partial defence of diminished responsibility is raised.
Priti Patel
My hon. and learned Friend will be aware that domestic homicide trials where the defence is one of diminished responsibility deteriorate into character assassinations of the victim, rather than focusing on the facts of the case. Will he say what steps the CPS is taking to mitigate that issue, particularly to reduce the trauma to victims and their families?
The Solicitor-General
I pay tribute to my hon. Friend for her work on homicide as a subject, and I agree with her. The Crown Prosecution Services needs to take and will take a challenging attitude in three areas. The first is unwarranted attacks on the deceased’s character. The second is the need to emphasise the context of domestic violence, which is an aggregating feature, and to bring out evidence about the true dynamics of the relationship, so that such cases are treated as cases of domestic violence. The third is that the CPS should be aware that the existence of a recognised mental condition does not necessarily mean that it amounts to an abnormality of mental functioning sufficient for grounds of diminished responsibility.
Fiona Mactaggart (Slough) (Lab)
The “Domestic Homicide Reviews” lessons learned paper published last year stated that the CPS was “looking to strengthen guidance” for prosecutors about bail applications. Has that happened, because people on bail too often go on to reoffend?
The Solicitor-General
The guidance on that area is being worked on at present, but I will certainly ensure that the hon. Lady’s concern is reflected back.
Mr Robert Buckland (South Swindon) (Con)
The law of diminished responsibility very often depends on expert evidence from psychiatrists. In complex cases, decisions about such important offences are far too often made at the last minute. Is my hon. and learned Friend happy about existing protocols in relation to making sure that psychiatric evidence can be agreed at the earliest possible opportunity, and that the consequences of important decisions based on that evidence can be explained in ordinary English to the families of the victims?
The Solicitor-General
My hon. Friend makes the very important point that the bereaved should meet the prosecutor post-charge and pre-trial. As I said a moment ago, the troubled issue of the meaning of a recognised mental condition in these circumstances should be examined in a challenging way by Crown prosecutors.
Keith Vaz (Leicester East) (Lab)
These are very serious and complex cases. Does the Solicitor-General propose to look at sentencing guidelines for cases where it is found that any of the parties involved suffers from a mental illness?
The Solicitor-General
As the right hon. Gentleman will know, there are guideline cases dealing with manslaughter. The judge has to have discretion because, as he will know only too well, there are cases in which the mental condition is suddenly there and an incident occurs that is totally out of character for the accused. In those cases, adequate discretion needs to be available.
David Wright (Telford) (Lab)
6. What recent steps he has taken to promote awareness among prosecutors of the tools available to secure the removal from the UK of low-level foreign offenders.
The Solicitor-General (Oliver Heald)
The CPS has led progress in implementing digital working with other criminal justice agencies. It is estimated that most police forces are now transferring 90% of case files electronically and that savings of £30 million a year can be achieved by 2015-16.
The Solicitor-General
Yes, all parts of the criminal justice system are embracing digitalisation, with Essex and Chelmsford playing a key role. Essex police lead on the development of the Athena digital police system—the largest ever collaboration on a police IT project, taking a case from report to court—and Chelmsford is piloting court wi-fi and clickshare video.
Mr Speaker
I am sure that the right hon. Gentleman is pleased to represent the new white heat of the technological revolution.