Oral Answers to Questions

Victoria Prentis Excerpts

Wednesday 1st February 2023 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

1. What steps she is taking to increase the proportion of cases relating to violence against women and girls that are prosecuted.

[The Attorney General (Victoria Prentis)]

Tackling violence against women and girls remains one of the Government’s top priorities, and we are doing all we can to make streets and homes safer. We are prioritising prevention, supporting survivors and strengthening our pursuit of aggressors.

[Wera Hobhouse]

It is a well-known national scandal that only 3% of rape cases have led to charges against the perpetrator. Locally, Avon and Somerset police are making big strides towards change. They have tripled charge rates, are bringing more cases to the Crown Prosecution Service and have changed their investigative focus from the victim to the perpetrator. I am immensely proud of this progress, and I hope that my local area could become part of the ongoing pilot for specialist rape courts. Can the Attorney General confirm when a decision on the further roll-out of specialist rape courts will be made? Will my local Crown court be considered to be part of the next stages?

[The Attorney General]

Evidence is being gathered from our three specialist courts, but I should emphasise that every Crown court tries rape cases and will benefit from the learning. The south-west, as the hon. Lady has outlined, is showing the way by demonstrating new ways of working with the police, providing specialist training to all first responders. They are also, I hear, planning a community event later this month.

[Miriam Cates (Penistone and Stocksbridge) (Con)]

Prosecution rates for the appalling crime of rape against women and girls have been too low across the country. What impact does my right hon. and learned Friend believe that Operation Soteria will have on prosecuting cases of rape?

[The Attorney General]

I thank my hon. Friend for her question. She is always a great advocate for vulnerable people. Operation Soteria is focused on delivering cultural transformation in the investigation of rape offences. It looks to ensure that the victim is well supported and the case thoroughly investigated. I was glad to see joint working between the police and CPS when I visited Leeds last Friday. They are working closely together and, crucially, with support services such as independent sexual violence advisers to make sure we really deliver for victims.

[Jim Shannon (Strangford) (DUP)]

A recent revelation in Northern Ireland is that a man was punished with 140 hours of community service after domestically assaulting his wife on two different occasions. What steps will the Attorney General take to ensure that harsher sentences are given to those guilty of inflicting violence on women? We need harsher sentences.

[The Attorney General]

I thank the hon. Gentleman for raising that important case. Sentencing is, of course, a matter for the independent judiciary, the Ministry of Justice and the Sentencing Council. I know that he shares the Government’s desire to do all we can to make sure that the victims of violence against women and girls get justice.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Does the Attorney General agree that the Crown Prosecution Service is very dependent on the quality of the investigation from the outset? I therefore welcome this joint working, which is something that had been hoped for over many years and seems to be delivering results. I do not know whether she has anything she can say about its roll-out to the country as a whole.

[The Attorney General]

I thank my right hon. and learned Friend for his question. I know that this is something he has personally been working on for many years. It is true to say that joint working is the answer, and in Leeds on Friday I was able to see a police gatekeeper—that is what he is called, but I think a better word would be “interpreter”—who was able to work between the lawyers and the victim and witnesses and ensure that the case was investigated properly right from the beginning and that disclosure was managed in a sensible way.

[Mick Whitley (Birkenhead) (Lab)]

2. What recent assessment she has made of the effectiveness of the Crown Prosecution Service in ensuring access to justice for victims of crime.

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[The Attorney General (Victoria Prentis)]

I thank the House of Lords Constitution Committee for its thoughtful and detailed report, which highlights the complexity of this historic office. It is an honour to serve—to make law and politics work together at the heart of Government.

[Clive Efford]

The Constitution Committee rightly says that we need Law Officers

“with the independence of mind, autonomy and strength of character to deliver impartial legal advice to the Government, even where it is unwelcome.”

I am sure that the Attorney General agrees, but can she give a single example of where her predecessor met that standard in the advice that she gave to the Government?

[The Attorney General]

I thank the hon. Gentleman for his question, but as he knows—as we all know, I think—the Attorney General’s convention means that I do not comment specifically on the advice that has been given by any holder of this office, or even whether or not advice was given.

Seriously—this is a serious matter—the report highlights some very important points about how the Law Officers work in combination, as politicians and as lawyers. That is something that I take extremely seriously myself. I know that I have duties to the court, as well as to my constituents and to the Government, and it is very important that we treat this matter with the seriousness it deserves.

[Mr Speaker]

I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I think the Attorney General has just demonstrated that she and the Solicitor General are well up to the task of internal inquiries. In welcoming the report, will she recognise that, given the Attorney General’s important role of speaking truth to power—to Government—it is also important that the Law Officers should be consulted in a timely fashion, and appropriately and fully, on any controversial matters that may have a legal aspect, and that fellow Ministers should then listen and act accordingly, consistently?

[The Attorney General]

I thank my hon. Friend—he is a very learned Gentleman, on whose Committee I was extremely proud to sit for many years—for his question, which I think was more of a statement. It is important to note that the Government’s commitment to the rule of law is absolute, and I will do my very best to uphold that.

[Mr Speaker]

I call the shadow Attorney General.

[The Attorney General]

I have looked often at the ministerial code, and I think the section that deals with legal advice is sufficient. To go back to the previous question, I note that it is suggested that the advice sought should be timely, but, as all lawyers present in the Chamber know, that is not always the way with clients, and we do our best to accommodate them. On some things, however, we can clearly be less accommodating. The rule of law is absolutely a thread that runs through the legal advice provided by the holders of this office.

[Emily Thornberry]

May I ask about one specific area of the ministerial code that might benefit from particular clarity? Section 7 requires Ministers to inform Law Officers if they risk becoming

“involved in legal proceedings in a personal capacity,”

including when they are potential defendants or in relation to potential defamation cases, and preferably before they have instructed their own solicitors. On that basis, I ask the Attorney General to clarify two points of fact: are Ministers currently obliged to inform Law Officers if either their solicitors are sending letters to journalists threatening to sue them for libel, or they are under investigation by His Majesty’s Revenue and Customs over the non-payment of taxes?

[The Attorney General]

I am not going to comment on specific cases—the right hon. Lady will understand why that is the case. I think the ministerial code allows for a certain level of wiggle room on that particular area. It is clear that when proceedings have already commenced, it is essential to ask the Law Officers’ opinion on those proceedings. However, I think she and I both know that it is not always clear at the beginning of a series of letters, which may or may not lead to proceedings, when that moment should be. I would always caution—as I am sure she would—that it would be good to involve the Law Officers at an early stage of proceedings, but I cannot comment on specific cases and whether or not that was done.

[Robert Courts (Witney) (Con)]

4. What steps she has taken to support Ukraine’s judiciary in their conduct of war crimes trials.

[The Attorney General (Victoria Prentis)]

I thank my constituency neighbour for his question. This Government firmly believe in international accountability. Ukraine’s judiciary should be congratulated on prosecuting war crimes right now, in real time, during a brutal conflict. On Monday I met a delegation of Ukrainian judges in this building and heard how they are approaching this monumental task. They are grateful for our practical support, including an extensive training programme led by Sir Howard Morrison.

[Robert Courts]

What assessment has the Attorney General made of the international community’s progress in bringing Russian leadership to trial for the crime of aggression in Ukraine?

[The Attorney General]

The crime of aggression is one of the most significant in international criminal law. At Ukraine’s invitation, we have joined a core group of states to discuss the establishment of a bespoke tribunal. We are absolutely determined to play a leading role in ensuring international accountability for Russia’s actions.

[Nick Smith (Blaenau Gwent) (Lab)]

Will there be Russian war reparations to Ukraine, and how can the UK support that?

[The Attorney General]

At the moment, the international community is rightly focused on prosecuting war crimes. That is the right focus, as we hope that in so doing we will have a good effect on the behaviour of those fighting this conflict at the moment. We are undoubtedly starting to turn our minds to reparations, and there is a great deal of work going on within Government on how best to support the Ukrainians to do that. I know that the Secretary of State for Business, Energy and Industrial Strategy is very involved in that.

[Mr Speaker]

I call the shadow Minister.

[Andy Slaughter (Hammersmith) (Lab)]

Three weeks ago, the Secretary of State for Justice told me from the Dispatch Box that Russian war crimes would be pursued via Ukrainian domestic courts and the International Criminal Court, even though that denied the possibility of prosecuting Putin and his inner circle for the crime of aggression. At the time, the Attorney General appeared to share his view. Last week the Foreign Office welcomed the special tribunal necessary to try Putin, saying it would “complement established mechanisms”. That is welcome, and I think it is what the Attorney General has said today, but can she—because we know her to be a candid and thoughtful person—explain and confirm what by any definition is a screeching U-turn in Government policy?

[The Attorney General]

I am afraid I really would not describe this as a screeching U-turn—[Interruption.] No, not at all. This is a development in a very difficult area of international law. [Interruption.] I would just listen to this for a moment. It is a very delicate area of international law. This is a live and brutal conflict—we are all agreed on that—and it is right that most of the prosecutions take place in Ukraine, with real-time evidence and with witnesses present. Those prosecutions are going well, and I think we all support the Ukrainian judiciary in that. I hope very much that there will be an international moment of accountability following this war. I suspect that many courts will need to be involved, including both the ICC and any special tribunal.

[Mr Speaker]

I call the SNP spokesperson.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

It is almost one year to the day since the beginning of Russia’s illegal invasion of Ukraine, and an estimated 7,000 civilian lives have been lost during this time, in one of the most barbaric atrocities against civilians recorded since the second world war. Given that the UK will host a major international meeting on war crimes in March, what further support will the Attorney General give on information sharing and testimonial gathering, and on ensuring that legal expertise will be fully utilised to hold Russian war criminals to account?

[The Attorney General]

I thank the hon. Lady for her question. It is fortuitous that the Lord Chancellor has just entered the Chamber, because in March he is hosting an important conference, with the Dutch, to discuss how further we can help and support the work of the ICC. Further, we have the work of the special tribunal that I mentioned, and we are providing a great deal of practical help on the ground in training Ukrainian judges and providing funding to help them to find evidence and to prosecute these crimes effectively.

[Edward Timpson (Eddisbury) (Con)]

5. What assessment she has made of the effectiveness of the Crown Prosecution Service in tackling the backlog of cases in the criminal justice system.

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[Elliot Colburn (Carshalton and Wallington) (Con)]

7. What steps she is taking to help increase the rate of prosecutions for domestic abuse.

[The Attorney General (Victoria Prentis)]

We are committed to increasing the volume of prosecutions and supporting more victims. We enacted new provisions to increase the time that victims have to report domestic abuse offences to ensure that we bring more offenders to justice.

[Elliot Colburn]

Despite Carshalton and Wallington being a relatively safe part of London, domestic violence rates there are higher than the London average. Local charities such as Sutton Women’s Centre do a great job in training people to spot the signs, but what assurance can the Attorney General give me that CPS staff have access to that same training to bring that level of crime down?

[The Attorney General]

I thank Sutton Women’s Centre for its fantastic work in training the community to spot the signs of domestic abuse. All prosecutors in London are now domestic abuse trained. Close working with the police should continue to increase the rate of prosecutions.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

8. What steps she is taking to help the Serious Fraud Office investigate and prosecute fraud and bribery.

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[The Attorney General (Victoria Prentis)]

As I said earlier, by convention, information on whether the Law Officers have been asked to provide advice and the content of such advice are not disclosed outside Government. That convention enables candid legal advice to be given.

[Stuart C. McDonald]

Why was the prospect of a section 35 order not raised at any time before the Gender Recognition Reform (Scotland) Bill was overwhelmingly passed by the Scottish Parliament? What alternatives did the Attorney General look at? When will she set out the changes to the Bill that she wants to see before the Government would revoke the section 35 order? Those are simple questions. If she cannot answer them, all we can conclude is that the Government have lost their last shred of respect for the Scottish Parliament.

[The Attorney General]

That would be absolutely the wrong conclusion to draw. The Attorney General’s convention is clear: the UK Government respect the Scottish Parliament’s ability to legislate within its competence on devolved areas. The Government are committed to working with the devolved Administrations and strengthening the Union of the UK.

[Mary Kelly Foy (City of Durham) (Lab)]

10. What steps she is taking to ensure effective prosecution of hate crime.