Live Attorney General Questions House of Commons

Welcome to BBC Parliament's coverage from the House of Commons. In one

hour, David Cameron will make a statement on the current situation

in Syria. Yesterday he said that the UK cannot afford to wait for a

political settlement in Syria before it acts to target the Islamic State

terror group. Before that the Leader of the House will announce

forthcoming business and take questions from backbenchers. MPs

then spend the rest of the day on a backbench business debate regarding

the Airports Commission. Joined me for a round-up of the day in both

Houses of Parliament at 11pm this evening. First, we have questions to

the Attorney-General. Order. Order. Questions to the

Attorney-General. Mr Alan Brown. Number one. With your permission I

will answer this along with question nine. It is a long-standing

convention that law officers advice is not published, however as the

honourable gentleman will know, the Prime Minister is setting out today

the case for taking further action in Syria, and he will also set out

the legal basis for doing so. I hope the Scottish media are listening in

terms of publication of legal advice when they think about the Scottish

parliament. I welcome the fact there will be discussion later on, but I

still think it is really important to have full disclosure of legal

advice, rather than just part of the Prime Minister was a statement,

because we need to learn lessons from Iraq, when the government of

that they went backwards and forwards with legal advice until

they got answers they wanted. I think you will see that the legal

basis for action in the government's view is set out in what

the Prime Minister wants to see. He responded as he said he would to the

foreign affairs select committee report, and his responses published

this morning. Regarding the legal advice the law officers give, it is

our view that the convention is there for good reason, and there are

two reasons. The first is to enable legal advice to be given to

government in a frank and open way, that is best done when advice is not

published. Secondly, the advice is part of the collective

responsibility of Cabinet decision-making, and there is good

reason for that also why it is not published. Does he not realise that

in an open, transparent democracy, it is not good enough to rely on

convention, and for the House to understand the legal basis for which

bombing may be given, it is absolutely vital that members should

be trusted with this information, so could I appeal to him to reverse his

decision? As I said, members on the House on all sides will have a

chance to understand what the legal basis for the proposals will be.

There is a distinction to be made between the legal basis for action

and the precise advice that law officers give. For the reasons I

have explained, I do not think it is sensible in an open and transparent

democracy to publish that advice. In the absence of United Nations

security council resolution to 249, there were arguments that air

strikes were legal. Does he agree that in light of that, the legal

case has been strengthened? I agree that there were legal grounds for

action in the absence of the resolution. Such a resolution is not

necessary to justify action of this kind, in my view, but it is useful

that what the resolution does is underlined the logic for action in

the way that we are setting out today. So I agree with him. He might

say it is not necessary, but would he think it would be better if a

chapter seven resolution endorsing military action against Isis was

passed at the United Nations, has the government made any attempt to

achieve a resolution, and which countries does he think would block

such a resolution? He will realise that the resolution that has been

secured was secured with unanimous support of the security council, and

it indicates that all necessary measures should taken to counter

Isil. The case were legal action is not dependent on a resolution, but

what has been agreed in the Security Council underlines the case we are

making, which is that action should be taken and there is a basis for

doing so. President Hollande has said France is at war with Daesh,

but my understanding is no one has declared war on anyone. What are the

merits and demerits of a formal declaration of war? We must be very

careful not to dignify Daesh with the status it does not deserve. It

seems very clear that what we are doing is setting out a basis under

which this country is entitled to defend itself from what constitutes

a threat, not just from other states, but from other terrorist

organisations, and in my view, Daesh falls into the latter. The Crown

Prosecution Service has recently revised its disability hate crime

legal guidance for prosecutors, and as part of its commitment for

improving prosecutions, they will all be completed by the end of this

year. I am grateful. Can he say what contacts have been made between

governmental agencies to better governmental agencies to better

foster an approaching addressing hate crime? -- and approach in

addressing hate crime? Myself and the Minister for disabled people set

up and took part in a ministerial Round Table to deal with that

point, particularly on issues such as Victim Support, the quality of

reporting and confidence within the disability community about the way

in which the criminal justice system treats them. In October this year,

the PSNI launched a new online campaign where 42 disabled hate

crimes were recorded on a six-month period. Two years ago they contacted

the disability rights charity, and they have set up an advocacy scheme

to help disabled people to seek and gain access. Does he feel that

something he consider? I commend the work of the charity. In England and

Wales in 2012, 60 5000 cases involving a disability hate element

were recorded in the crime survey. -- 65,000. What steps has the Crown

presentation service taken to ensure the reliability of evidence in

relation to crimes allegedly committed 30 or 40 years ago? -- 30

to 40 years ago? No, it is not stretching of the question, it is a

departure from it! Ingenious, but flawed. The sad reality is that hate

crime is a growing problem. A young Muslim and was racially abused when

hometown of Newcastle on Saturday. hometown of Newcastle on Saturday.

Thankfully her attacker was chased off by outraged passengers, but not

Geordie Angels. Over 30% of Geordie Angels. Over 30% of

prosecutions for hate crimes at failing. Does the government share

the concern that victims are being let down and these crimes are being

unpunished? I am grateful for her raising that case. I was at a

conference only a few weeks ago at the police National College, where

disability hate crime and other hate crime were on the agenda. The CPS is

enhancing training for all the leads in their regions, so I think there

will be a renewed emphasis on giving victims confidence that the system

will work for them, rather than against them. I will answer this

question along with questions four and eight. Communications data is in

central form of evidence used in prosecutions across the full

spectrum of criminal offences, spectrum of criminal offences,

crime, child sexual abuse, murder crime, child sexual abuse, murder

capability is maintained and capability is maintained and

modernised, so the government has published the draft investigatory

Powers Bill. In the light of that, does he agree that we need to

continue to improve our data communications capability? I do

agree. It is important to recognise that the cases in which this type of

evidence is very significant range well beyond terrorism cases into,

for example, serious and organised crime cases, where 95% of those

investigations in which the CPS involved communications data. Can he

assure us that any government Parliament should not seek to

protect its most senior manager from protect its most senior manager from

prosecution by claiming prosecution by claiming

communication data is no longer available after 30 days, and should

strive to be transparent in complying to Data Protection Act

requests? I'm sure you would not likely to go into the details of

individual cases, but I believe that all organisations should take very

seriously their responsibilities seriously

under the Data Protection Act and under the Data Protection Act and

under all other legislation. In addition to the fancies he is

already alluded to, is it not the already alluded to, is it not the

help secure prosecutions and areas help secure prosecutions and areas

grooming? He is right, and there are grooming? He is right, and there are

which this could be relevant. All which this could be relevant. All

types of offending, whether or not types of offending, whether or not

someone is communicating with another person or where they were

when they did so, is relevant. One can think of conspiracies, cases

involving paedophile rings, drug smuggling operations and witness

intimidation or something as diverse as insider trading.

The outrage in Paris showed that there should be no safe place online

for terrorists or those who wish to do less harm. Would you say what

additional measures can be taken to ensure everybody in the UK remain

safe? It cannot be a sustainable position to find ourselves in that a

terrorist atrocity being planned by telephone could be intercepted, but

one being done over WhatsApp could not be stopped there for the Bill is

entirely necessary to avoid the kind entirely necessary to avoid the kind

of atrocity is my honourable friend describes. The CPS launched a joint

stalking protocol with the police in December of 2014 and revised legal

guidance to prosecutors and deliver training on stalking offences which

last year. The CBS works closely last year. The CBS works closely

are not in giving restraining increase

orders. It already takes a victim orders. It already takes a victim

100 cases of harassment before the seriousness of stalking, it is

stalking and harassment is absolutely no joke and I join her in

absolutely no joke and I join her in deal with serious crime in a way

conviction and acquittal where concern that the new stalking

provisions are not being used and harassment provisions are being used

instead. Can you indicate that there should be... That the seriousness of

the offence should be addressed? I am great role to you. When I was

part of the all-party group, we said then that it was vital that the law

was used to its full extent. There is a non-exhaustive list of the

types of stalking behaviour that exist and that means prosecutors

should look at this in a wide way should look at this in a wide way

and apply the full extent of the law wherever and whenever appropriate. I

meet regularly with ministerial colleagues to discuss issues of

common interest including on domestic and international human

rights law. I am not able to talk about the legal content of the

discussions because, by convention, where the the offices have delivered

advice or not is not disclosed. Do you agree with your predecessor that

the European convention on human rights is, and I croak, the single

most important legal instrument to promote human rights on our planet?

-- quote. I have no quarrel with the wording of the European Convention

of human rights but what I disagree with is the way the document has

been interpreted by the Strasberg caught subsequent to its drafting.

-- court. The former Justice Minister has said that I deftly do

not want Great Britain to withdraw from the convention because it would

appear that the UK is no longer committed to human rights when it

is. It will damage our country's reputation. Howlingly ensure that

the government plans to scrap it will not weaken the country's

rights? It is important to be clear what we are talking about. There is

a distinction between the Human Rights Act which we want to get rid

of, and the convention, which we do not want to leave unless we have do.

What we must do something about is a situation where decisions such as

those who has the franchise in British elections must be taken by

this House and not by a court in Strasbourg. Of course, it is true

that this country will remain committed to human rights with or

without the Human Rights Act. May I say to her that this Conservative

Party in government has been responsible not just for reducing

the length of pre-charged detention to 28 days, not just for abolishing

identity cards, roads of which are responses to liberal measures passed

by a Labour government, but has also been responsible for the present-day

act which shows our commitment to human rights. Prolixity and lawyers

are inseparable. Can my right honourable friend concerned that if

the Human Rights Act was repealed and indeed even if we withdrew from

the European convention on human rights, there is no provision

whatsoever in the statute of the Council of Europe that would

automatically mean that the United Kingdom would be forced to leave the

Council of Europe? Well, we will be discussing with our fellow members

of the Council of Europe how we gain better settlement in relation to the

Strasberg caught's prudence, and in those discussions I expect that the

other members will wish to see us remain within the organisation. Can

the Attorney General we shall be House that the British Bill of

rights will protect existing rights which are essential to a modern

democratic society, but also protect against abuse of the system and

misuse of human rights? I do think that is the objective here. There is

a real danger to the support for human rights which we wish to see is

widespread and full throated in this country. It appears that the concept

is being abused to the sorts of cases that none of us truly believe

our human rights cases, and that is something we must do something

about. As part of developing these proposals, the question of whether

the new Bill of rights has legal application to Scotland is crucial

to the constitutional settlement. Can you give an indication as to

whether it will apply and do you agree that a letter to slip consent

motion will be required? -- a legislative consent. It is something

we have discussed before and I am fully in favour, as I know my

colleagues in the Ministry of Justice are, that the devolved

administrations are engaged in the process. As to whether a consent

motion is required, that depends on the nature of what is proposed, we

have not seen the proposals, and it is important we consider them when

we have. Mr Speaker, throughout the Spending Review process, I have been

keen to ensure that while saving money where possible, the CPS

receives sufficient funding to prosecute their caseload

effectively. I believe what we have achieved does that and I welcome the

?4.4 million that has been ring fenced for the CBS counterterrorism

division which will double in size, and the extra funding for additional

prosecutors for sexual offences. I was head of the CPS for five years

until 2013. One of the reasons the CBS has coped well with the cuts is

because the caseload has gone down. What level of assurance can be

Attorney General is that if the caseload goes up significantly

further funding will be made available? As he would expect, if

circumstances change in that regard, we would of course speak to the

Treasury again about many to be made available to deal with it but as I

said, it important to recognise that the settlement we have takes account

of the substantial changes in caseload which took place when he

was Director of Public Prosecutions and subsequently, and they are

significant shift in the nature of the caseload and this settlement

recognises that. Would my right honourable friend make sure that

priority is given to dealing with the woeful state of the CBS IT

system which has been a long-running problem for many years? Will he

ensure that all changes to CBS systems to ensure efficiency are

aligned with the proposals made in the earlier report? Circulate. On

the latter point, he will know that the CBS have been closely involved

with the Levenson review and a large number of solutions have come from

what he was told by the CBS. -- certainly. In the spending

settlement announced yesterday there were ?700 million worth of money

made available for the digitisation of the courts, and the CBS will

benefit from and contribute to that process immensely. -- CPS. The

director of prosecution asked the Attorney General for ?50 million to

plug the funding gap so the CBS properly prosecute complex matters

such as historic sex cases. -- CPS. The attorney confirmed that he was

talking to the Treasury about this extra funding and that he thought

they would understand the case he was making. There is no mention in

the Autumn Statement of this extra special funding for historic sex

cases. What went wrong? I think the honourable gentleman should pay

close attention to what the CPS are saying now is much as what they were

saying then, and let me tell you what the CPS said yesterday it was

once to the settlement. They said this settlement will allow the CPS

to respond to a change in caseload and a significant increase in

complex and sensitive places such as terrorism, rape and serious sexual

assault and child sex abuse. So the CPS are making the same point I am

making today about this settlement. It is about recognising the need to

deal with the increase in caseload that he is talking about. The CPS

does not maintain a central record of the number of wasted cost orders

but I can tell my honourable friend that the total value of costs

awarded against the CPS in the vast financial year amounted to just over

?1 million, which is about 0.18% of overall expenditure. A solicitor in

my constituency said this to me. I am becoming more concerned about

justice in the UK. The reason is the blatant failure of the CPS and the

excuse that we are short of staff. I appreciate that savings needs to be

made that come my honourable friend ensure that the CPS has a staff

nationally and in Lincolnshire to perform its functions? I can assure

him that the CPS has sufficient staff to do its work. CPS conviction

rate in his region was 84.2% which is slightly higher than the national

average. -- the. Thank you, Mr Speaker. Sorry, forgive me. I'm

sorry, forgive me. New CPS legal guidance for prosecutors and

anti-Semitic hate crime was published in May of this year and

the CPS is implementing its anti-Semitic crime action plan which

seeks to raise awareness of these cases and seeks to improve reporting

of such hate crimes. This has been welcomed by the all-party group on

anti-Semitism. You will be aware that the incidence of anti-Semitic

hate crime is going up on a particularly in Muslim areas

unfortunately. Can he expand further on the answer he gave earlier

regarding the role of the CPS in educating the police on these

matters? Can I pay tribute to my honourable friend for the consistent

work he has done to highlight this obscene crime. It is sad to say that

the Ross spikes in this type of offending when political events may

occur. The CPS is aware of this and so are the place, and as part of the

national training conference at Brighton some months ago, that type

of hate crime was on the agenda. Questions to the Minister for women

and equality. Thank you. The Prime Minister and I

could not