Live Attorney General Questions House of Commons

Although, questions to the tourney General, Mr Martin Bay. With your

permission I will ask this along with questions number four and 13.

The on-board gentleman will know that the Prime Minister visited

Scotland and Wales already and has made it clear that she wants to

achieve the best possible deal for the whole of the UK on leaving the

European Union. She's made it clear that Article 50 of the Treaty on

European Union will not be triggered before the end of the year. Thank

you. The Prime Minister has stated that Brexit means Brexit Andy First

Minister has stated that remain means remain. You agree that the

Scottish people have spoken and therefore their sovereignty should

be respected? The people of the United Kingdom have spoken and their

sovereignty must be respected, and a decision as to whether or not to

leave the European Union is a decision that the people of the

United Kingdom have made. And we will respect their decision. Thank

you, Mr Speaker. Prime Minister has introduced remarks regarding Article

50 in the UK and the UK approach to Brexit. Does the right honourable

gentleman agree that the legislative consent version is required before

the government has legal authority to trigger Article 50? Mr Speaker, I

think it is perfectly right, as the Prime Minister has made clear, that

all parts of the UK, including the governments of the Administration 's

should be able to dissipate in the process of developing the UK

approach to these negotiations, but that does not mean that any parts of

the UK have a veto over this process, and so consultation most

certainly, but veto, I'm afraid not. At a time when Brexit is already

causing more than enough diffusion, the Prime Minister is saying Article

50 will definitely not be triggered before the end of the year. The

Brexit minister has said it definitely will be. Can you clarify

which of these is correctly articulate in government policy? I

don't think there's any confusion. We must make sure that there is

clarity about the UK position going into these negotiations, that we

have done that work before we begin them and as the honourable gentleman

knows, it is for the UK Government to determine the point at which

Article 50 years triggered. We should do so when we are ready. What

will it mean, Article 50 being invoked, where is it kept, is it a

secret drawer in the Prime Minister's office to which a lady at

olly general has the key, or is it the Queen who signs it? How is

Article 50 actually going to be invoked? I can assist My Honourable

Friend and his constituents. Article 50 is Article 50 of the Treaty on

European Union and copies of it are kept in all sorts of places. I am

not sure that there is one in my desk. What it says is that a member

state which decides that with drawer shall notify the European Council of

its intention and so, it will be for the UK Government to do that at, as

I say, time of its choosing. Mr Speaker, I'm quite happy with the

government consulting with the devolved Administration is. What

concerns me is that we don't finish up being held to ransom by the

Scottish Nationalists. The point is, whatever the government try and do,

they will never be able to satisfy the Scottish Nationalists and so,

can be on tourney general reassure me and my constituents who voted

overwhelmingly to leave the European Union, that their wishes will not be

frustrated by the Scottish Nationalists? I think the Prime

Minister has been very clear, that the United Kingdom will leave the

European Union, and that means all of the United Kingdom, but as I also

said earlier, it is important that in the process of accepting the

European Union, all parts of the European Ashton Agar editing them

have an opportunity to contribute to the negotiations we will engage in

and that is a spirit in which the UK Government will approach this

recess. -- process. With all respect, all parts of the UK were

involved in that. I would express hope that the Prime Minister would

come to Northern Ireland about this. I understand the honourable

gentleman's point and I'm sure that the Prime Minister will wish to

visit Northern Ireland shortly, and she, and we, have in mind the

particular difficulties that will apply to this process in Northern

Ireland because of the land border with the Republic of Ireland and I

know that he will have been present yesterday when the Secretary of

State for Northern Ireland dealt with this question. He knows that it

is in the forefront of our minds, and we have to make sure that we

reach a satisfactory settlement. The new Brexit minister has said the UK

may be able to stop EU migrants from coming to the UK before we leave the

European Union whilst at the same time remaining in the single market.

Can I ask the legal basis for this became vitch approach to European

law and does he think that this attitude is going to get the UK the

best deal in negotiations? The legal position is clear. For as long as we

remain European Union members and the rights and responsibilities as a

result of that membership will persist but it is open to member

states to negotiate different arrangements if they think it's

appropriate, and we will see, of course, once Article 50 is

triggered, how those negotiations play up. The legal position is that

rights and responsibilities of member states and of citizens of

those member states will persist for as long as we are members of the

European Union. With your permission I will answer this together with

questions five and seven. The government significant strength and

the law to the serious crime Act two improve protection of victims

through lifelong anonymity had to break down barriers to prosecution

and the introduction of mandatory reporting duty to identify cases of

FGM and girls under 18. At the age of love and, Valentine was forced to

go through matter what. 19 years later she set up an enterprise in my

constituency to use her experience to raise awareness of FGM and help

protect children in the UK and support survivors. The current

project aims to create a network of media train community champions do

tackle the issues around women and girls and are at risk, living with

the consequences and to increase self reporting. What engagement the

rehab with such community organisations to address the low

level of prosecutions for FGM? I pay tribute to the work of that

community organisation and others who are fighting the scourge of FGM.

She will be pleased to know that members of the government have

regular engagement with community groups and the Department of Health

has provided ?4 million of funding in the last two years to enhance

community engagement so that awareness can be spread and victims

do not suffer in silence. The lack of services to support victims of

FGM is often seen as the reason why so many cases arm unreported. What

affect does the attorney think that cuts of 24% to the Crown Prosecution

Service will have on the recording of FGM cases? Can I reassure the

honourable lady that the CPS places great importance on the need to

properly investigate and prosecute where appropriate crimes of FGM. It

was regrettable to note that in the years prior to 2010 not one

prosecution happened. There are cultural and other obstacles that

have prevented the effective investigation and prosecution of

this scourge. The work of community groups and the resolution of the

government means that that position is gradually changing for the

better. The Solicitor General will be no doubt be aware of the European

Commission guidelines on action against FGM. Notwithstanding the

vote on 23rd of June for the UK to leave the European Union, can the

Minister say whether it is still the intention of the government to

access the recommendations of the European Commission's report into

British law? Can I say that with regard to the specifics, that matter

needs to be considered carefully, and I will take that away with me.

On the general presuppose laid out in that report, I think there was no

doubt whatsoever that this government remains fully committed

to making sure that FGM is properly explained, properly challenged and

properly dealt with, whether by prosecution, awareness in the

community or other preventative measures.

Thank you, Mr Speaker. What steps is the Government taking to ensure that

in communities where on occasions a blind eye is turned to this

obscenity that they understand that the law be will upheld and 130,000

odd young females affected by this will be protected into the future.

Well, as I think the honourable gentleman - it needs community

engagement which is key in order to make more progress on this area. I

am glad to see in England the Department for Education has 2.25

million of funding to invest in awareness and education. That will

have a beneficial effect. Question three, Mr Speaker. In

relation to the withdrawal to the EU is the same as other areas of

Government business. I act as the legal adviser. In terms of seeking

advice in relation to the UK's exit the standard rules apply. The law

officers must be consulted by officials or ministers before the

Government is committed to operations. Has the Government made

an estimate of the cost of the vast number of lawyers and trade

negotiators that will have to be hired in order to deliver our

disentanglement from the European Union? If such an estimate has not

yet been made, can the Attorney General confirm when he'll be able

to furnish the House with that information? Well, it is undoubtedly

the case we will need the best advice that we can have and the best

trade negotiators that we can have. The Government already has some of

that capacity, but the department responsible is looking very

carefully at the moment as to exactly what additional capacity we

will need to gain. As soon as they are in a position to give that

information to House, I am sure they'll do so.

Mr Speaker, our membership of the European Union has brought about

substantial enhancements in our health and safety laws. Will the

Attorney General guarantee that with leaving the European Union none of

those health and safety laws will be weakened in anyway? I agree with the

honourable gentleman that are many of those regulations that we will

wish to retain. Of course the exercise of looking at exactly which

parts of the cannon of European law we wish to transfer into UK law,

which we wish to adapt and may not wish to continue with at all is a

very lengthy exercise that we will need to continue with. But I agree

with him that it will not, in all likelihood, be the case that all

those rules and regulations will be dispensed with all together and both

businesses and those employed by them benefit from some of those

measures. . Thank you, Mr Speaker. Leaving the European Union will

involve repel of the European communities act 1972 which will mean

all secondary legislation under the act will automatically fail unless

re-enacted. Can the Attorney General tell us which steps will be taken to

ensure the necessary legislation to guarantee protection on employment

rights and paid holidays for employees? Well, Mr Speaker I can

say it is always nice to see anyone on the Labour front bench these days

but a pleasure to see the honourable lady retains her position. Can I

repeat what I said to her honourable friend, it is clearly the case that

some of the regulations and pieces of legislation she refers to, the

British Government will wish to retain in some form. Of course the

exercise of determining which those pieces of legislation are will be a

time-consuming and a complex one. I have no doubt that what this

Government will wish to do is persist with high quality protection

for those in employment in this country, whether that is European

legislation or in future domestic legislation.

Thank you, Mr Speaker. I listened to the answer that the attorney gave to

my honourable member, prior to be elected for this House, I

represented families of people killed or injured at work. The

majority of health and safety legislation providing protection for

UK workers derived through European law. In his answer the attorney did

not satisfy me that he's going to provide equivalent protection that

we currently have, if not better protection. Does he agree with me

that workers need to be protected against injury, illness and death at

work and health and safety legislation is essential and not red

tape? Will he give this House, particularly the families of those

killed at work a guarantee that at the very least equivalent

legislation and work-place protections will be urgently

re-enacted? I do agree with the honourable lady that injury, ill

answer and death at work must -- death and injury at work must be

prevented. We have already sought to protect workers from those things

prior to our membership of the European Union. We will certainly

seek to do so post our membership of the European Union. I don't believe

it is beyond the capacity of this House to design legislation which

will enable us to protect these things effectively and this

Government is entirely committed to do soing. Number six, Mr Speaker.

Mr Speaker, under existing law, a company only faces criminal

liability if prosecutors can provide a sufficiently senior person knew

about the criminal conduct. Kit be extremely hard to prove this,

especially in large companies with complex management structures, that

is why the Government will consult on whether the failure to prevent

model should be extended to other types of economic offending.

Thank you. In an increasingly globalised well international

co-ordination is key to tackling often very sophisticated crime. Can

the honourable jeman say what the Serious Fraud Office is doing to

tackle these crimes domestically and overseas? The Serious Fraud Office

does attempt to engage with counterparts abroad and a number of

agencies in other countries to do its work. As my honourable friend

may be aware a failure to prevent style offence is available in many

other jurisdictions. That is one of reasons we believe it is worth

considering here. Mr Speaker, the Attorney General knows that I have

campaigned for much more vigorous action in this sector and I have

called for proper resources to be given to people like the Serious

Fraud Office because the Serious Fraud Office has become far too

dependant on the big accountancy firms in this country. That is a

road to ruin. I am aware of the honourable gentleman's campaigning

record on this. Of course, as he knows the amount of money the

Serious Fraud Office has received has increased. They have access to

blockbuster funding for large and unexpected cases. But of course it

is not just about money. It is also about the tools that the Serious

Fraud Office and other investigators and prosecutors have at their

disposal. That is why it is worth keeping this area under review, as

we are doing. Can I caution for the offence of failing to prevent a

crime committed by another was a very, very serious step in our legal

system. It could affect many honourable members here in ordinary

life if someone is shoplifting in a shop and they fail to prevent that

person shoplifting then. Would that person be committing an offence?

These are difficult. I urge caution. I am sure the honourable gentleman

is right to urge caution. What we are proposing does not go as far as

he's suggesting. The types of offences we are talking about are

failures by corporate entities to prevent fraud, money laundering and

the like. As he will know there are similar types of offences on the

statute book in relation to bribery and will short I will be to tax

evasion. This is an extension of a principal and it is designed of

course to ensure that not just we are able to catch those in smaller

businesses who are engaged in this type of behaviour but crucially of

course in those in larger businesses too. Mr Speak Mr Speaker I consider

that the best protection of fundamental rights in the UK is UK

law. I am confident that the decision to leave the European Union

will not result in any reduction from the protection of such rights

in the United Kingdom. Thank you Mr Speaker. We have a Prime Minister

who has advocated leaving the European Convention on Human Rights.

Can the Attorney-General confirm whether this will be Government

policy? As the honourable gentleman observes we have a new Prime

Minister. We also have a new Secretary of State for justice. Both

of them having been in office for only a little over a week. I am

afraid he'll have to be a little more patient. Question number nine,

Mr Speaker. With your permissionly answer this

together with question ten. I discussed this matter regularly with

the DPP and the Government will publish its hate crime strategy very

shortly. Thank you very much Mr Speaker. I thank my Right Honourable

friend for his answer. Given the terrible terrorist atrocities in

Nice, Paris and recently Germany, many are fearful because of their

religion or the colour of their skin they will be the subject of hate

crime. What assurances can my Right Honourable friend give to those

people that we will prosecute anyone involved in hate crime to the limit

of the law? I am very grateful. I pay tribute to him for the community

work he does in his own constituency. Hate crime of any

kind, whether on the grounds of disability, race, religion, sexual

orientation or transsexual identity has no place in our society. We are

utterly committed to tackling hate crime.

Thank you. A member of the other place received a vile racist letter

containing white powder as did a number of mosques centres.

Representing a large Pakistani community I know the long-term rise

in Islamophobia is a serious concern. Will he condemn these

racist indenses and advice whether he feels a separate recording of

Islamophobia as a hate crime is likely to bring about successful

prosecutes -- prosecutions. It means we must stand together against such

hate crime and ensure it is stamped out. With regard to the separate

recording of hate crime that is happening from April of this year.

The request of the Prime Minister and her former role as Home

Secretary. That will give us a greater understanding of the nature

of hate crime. Reports of hated crimes rose by 57%

following Brexit. Is the Solicitor-General satisfied that...

I am grateful to the honourable lady. She is right to note that

spike in incidents of hate that surrounded the referendum and the

weeks around it. Can I reassure here the Crown Prosecution Service

remains committed to prosecuting all types of crime which have no place

in our society. Thank yousmt three weeks ago, I asked the former Prime

Minister and he agreed to look into setting up a cross party commission

on hate crime following a sharp increase as yesterday's statistics

revealed. Can he assure the House this is and will be achieved address

a priority? Will the Attorney-General offer support to

the cross party initiative to tackle these terrible acts? Can I pay

tribute to the honourable lady who speaks withlelow gens on these

issues. I give her my full support in regards to the cross party

initiative in West Yorkshire. It is up to all of us to come together to

tackle this. We know what it can lead to and therefore we have to

stamp it out before it becomes something even more vile.

THE SPEAKER: Questions to the minutester for women and equal --

Minister for Women and equalities. Thank you, Mr Speaker. I am proud

of... Number one. Thank you, Mr Speaker. As the House

has just been discussing hate crime of any kind, including that targeted

at communities has no place in our society. I am sure I speak for the

whole House when I say how appalled I am. The Government is monitoring

this situation, working across Government departments and also with

the police, the Crown Prosecution Service and community partners too

to provide reassurance and to send out a clear message that hate crime

will not be tolerated and we will take action against those who

promote hatred.