Robert Buckland
Main Page: Robert Buckland (Conservative - South Swindon)Department Debates - View all Robert Buckland's debates with the Attorney General
(6 years, 10 months ago)
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Jo Stevens (Cardiff Central) (Lab)
8. What discussions he has had with Cabinet colleagues on the potential merits of appointing an independent advocate to act for families after a public disaster.
The Solicitor General (Robert Buckland)
It is of paramount importance that bereaved families and injured people are properly involved and supported following a disaster, which is why we announced in the Queen’s Speech that we will establish an independent public advocate to ensure that involvement and provide that support.
Diana Johnson
Will the independent advocate be able to act for those affected by the contaminated blood scandal? What exactly does the idea of “assistance” and “support” mean? Does it mean a publicly funded lawyer for each family affected?
The Solicitor General
I thank the hon. Lady for that point. This of course depends very much on how quickly we as a Parliament can pass the necessary legislation. It is certainly the Government’s intention that the independent advocate gets on with their work as quickly as possible. On the specific point, each case will depends upon its merits. Of course, legal aid is already available for families with regard to certain procedures, but I think the benefit of having a consolidated advocate will be to address the very questions she asks. I look forward to these issues being debated carefully when the necessary legislation is introduced.
Jo Stevens
Will the Solicitor General confirm that if families who live in high rises, but who, thankfully, have not suffered the same disaster that Grenfell Tower has, wish to bring any legal action on health and safety grounds, they will be entitled to legal aid?
The Solicitor General
Again, the hon. Lady asks a general question about the merits of particular cases. If indeed there are grounds—for example, a judicial review procedure might be appropriate in particular cases—that application can be made. The important point in the context of this question is whether we can do more for families and bereaved relatives. I think we can, and the precedent set by the horrific events at Grenfell will allow us all to learn important lessons: that families have to be put first.
Robert Neill (Bromley and Chislehurst) (Con)
Can the Solicitor General help us on the practicalities? What discussions has he had with the Bar Council and the Law Society as to how an independent advocate or advocates might be identified; what levels of remuneration will be available, so as to ensure that there is proper equality of arms in representation; and by what means families will be able to give proper and fully discreet instructions?
The Solicitor General
I thank my hon. Friend for that question. It is vital that we get these details right as we develop the policy. It is clear, certainly to the Government, that having quality advocacy so that the right documents are obtained and a proper challenge is made at all stages of the process is important, and it is what we seek to achieve. Therefore, fulfilling article 6 has to be at the heart of this.
Simon Hoare (North Dorset) (Con)
What assessment has the Solicitor General made of the efficacy of having an independent advocate after a tragedy such as Grenfell in trying to get to justice and truth for the victims, when this is coupled with the rather unhelpful remarks of the shadow Chancellor, which seem to be clouding the whole issue?
The Solicitor General
It is vital at solemn and serious times like this that we all exercise our right to free speech responsibly, and that we are mindful that criminal investigations are ongoing, as well as concurrent inquests and, of course, the public inquiry. All of us have to make sure that we pass that very high test, and I am afraid that the shadow Chancellor failed that in his remarks this week.
Nick Thomas-Symonds (Torfaen) (Lab)
I am sure the Solicitor General would agree that it is vital that the independent public advocate has the powers needed to carry out the role. I pay great tribute to the work of the Hillsborough families over many years, but he will be aware that key to that were the findings of an independent panel in overturning the first inquest verdict. Will the independent public advocate have the powers to appoint an independent panel if they see fit to do so?
The Solicitor General
The hon. Gentleman raises a very germane point, and we all need to bear the Hillsborough precedent very much in mind. I am keen, and the Government are keen, to ensure that the independent advocate has as powerful and as meaningful a role as possible. Each case will depend on its merits, but I am certainly prepared to look at all details, including the one he raises.
Nick Thomas-Symonds
Does the Solicitor General also agree that it is crucial that there is full public confidence in the role of the independent public advocate? As such, the role should be subject to appropriate scrutiny. Will he also promise that the independent public advocate will place reports before this House on an annual basis, so that Members can look carefully at the work in detail?
The Solicitor General
Like many other appointments of this kind, I can envisage the sort of accountability that the hon. Gentleman mentions. The publication of annual reports is a regular and common occurrence. Again, it is a particular point that we will consider very carefully indeed.
Kate Green (Stretford and Urmston) (Lab)
6. What assessment he has made of the effect of the aggravated offences regime on the level of successful prosecutions for hate crime.
Melanie Onn (Great Grimsby) (Lab)
9. What assessment he has made of the effect of the aggravated offences regime on the level of successful prosecutions for hate crime.
The Solicitor General (Robert Buckland)
The Crown Prosecution Service has taken a number of steps to improve its prosecution of all strands of this type of crime, including the aggravated offences, and that includes the delivery of vital face-to-face training. Its hard work in this area has resulted in significant increases in the use of sentencing uplifts in all strands of hate crime.
Kate Green
In 2014, the Law Commission proposed that disability hate crime should be given parity with other hate crimes in relation to aggravated offences and to so-called stirring-up offences. In November 2016 in a debate in Westminster Hall, the Solicitor General said that the Government were reviewing that report. Will he update the House on when the Government will make a decision, as it is of great importance to disabled people?
The Solicitor General
The hon. Lady knows that I have had a long-standing interest in disability hate crime. The Government are particularly interested in the strand of work conducted by the previous Home Affairs Committee. We are looking to its successor Committee to carry on that work. We want this House to play its part in the response to the Law Commission recommendations, and we very much hope that, as soon as possible, we can craft a suitable response to get the law right.
Imran Hussain
As has been stated, the Law Commission has previously called on the Government to review hate crime legislation. Will the Government bring forward proposals for the review to ensure that the legislation is effective and sufficiently broad in scope?
The Solicitor General
The hon. Gentleman is right to press the Government on those issues. My concerns are twofold: first, we need to get the existing law properly used and enforced by way of training and the actual use of it by the police and the Crown Prosecution Service; and, secondly, we need to get the response to the Law Commission recommendations right. I want to ensure that this House passes laws that are properly enforced. Too often in the past, we have been too quick to pass laws that have then failed the expectations of those who deserve protection. He is right that we will be looking at that as soon as possible.
Melanie Onn
Reports of hate crime rose by 57% following Brexit. CPS staffing budgets have more than halved since 2010. Is the Attorney General therefore confident that the CPS is adequately resourced to deal effectively with these reports and ensure that victims of hate crime do indeed get justice?
The Solicitor General
I can reassure the hon. Lady that the trends in relation to the prosecution of hate crime continue to increase, particularly with regard to racially and religiously aggravated hate crimes. The increase in the past year was 1.9%, which means that more than 13,000 cases are now being prosecuted. That is reflected across the piece when it comes to homophobic crime and disability hate crime. There is no bar at all to the CPS’s pursuing these cases and marking society’s condemnation of this sort of criminal activity.
Chris Davies (Brecon and Radnorshire) (Con)
Will my hon. and learned Friend tell the House what action the Government are taking to prevent the spread of hate crime via social media?
The Solicitor General
My hon. Friend makes a very important point. May I reiterate that the law shows no distinction whatsoever between hate crimes that are committed offline and those that are committed online? Just because somebody hides behind a pseudonym and pursues hate online does not mean that the police and the CPS will not track them down and prosecute them, as we have seen notably in cases involving several Members of this House, who have been the victims of appalling hate crime.
Ms Nusrat Ghani (Wealden) (Con)
I am not quite sure how to follow that. Will my right hon. and learned Friend join me in recognising the great work that is done by Tell MAMA and Hope not Hate, who build the confidence in those who suffer hate crime to report it?
The Solicitor General
I am grateful to my hon. Friend. Tell MAMA and other organisations play an important part by working closely with the CPS and police to inform the process and help people to report crime. Often people will go to a third party before coming to the police, but that is an acceptable way to report crime because it means that more crimes can be prosecuted.
Mr Speaker
Order. We have run late. I want to accommodate the Member with the last question on the Order Paper, but no other.
Mr Laurence Robertson (Tewkesbury) (Con)
10. What recent assessment he has made of the extent to which sentencing of people convicted of burglary has been unduly lenient.
The Solicitor General (Robert Buckland)
Last year the Attorney General and I referred 11 cases for burglary as unduly lenient and achieved an increase in sentence in seven of those. Only the most serious types of burglary offence currently fall within the unduly lenient scheme, but we have recommitted in our manifesto to extend its scope and we will work with my right hon. Friend the Lord Chancellor to implement that commitment.
Mr Robertson
I thank my hon. and learned Friend for that answer and for the welcome news. Only 10% of first-time burglars receive immediate custodial sentences. Does that not encourage them to carry on their crimes? Burglary is quite a serious crime; will he have a look at that statistic?
The Solicitor General
My hon. Friend is right to say that burglary is a serious crime. It is a crime against the person, not just against property, because it affects people’s wellbeing. I am glad to tell him that since the introduction of the revised Sentencing Council guidelines on burglary in 2012, the overall level of sentencing for burglary, in terms of prison and length of sentence, has increased. That should give his constituents some encouragement that the courts are handing out the appropriate punishment for this serious crime.
Mr Speaker
Order. Before we come to business questions, it might be helpful to the House if I announce my selection of amendments to be potentially voted on much later today. I have selected the amendment tabled by the official Opposition—amendment (l), if memory serves, in the name of the right hon. Member for Hayes and Harlington (John McDonnell).
As colleagues will be intimately conscious, being fully familiar with all these matters, I have a right to select up to two further amendments under the terms of our Standing Orders. I can advise the House that I have selected amendment (d) in the name of the hon. Member for Walthamstow (Stella Creasy) and others, and amendment (g) in the name of the hon. Member for Streatham (Chuka Umunna) and others. I hope that that is helpful to the House.