Live Attorney General Questions

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:00:07. > :00:12.Hello, good morning and welcome to the live coverage from the House of

:00:13. > :00:17.Commons. In one hour, MPs will have an urgent question tabled by

:00:18. > :00:22.Labour's Alex Cannon on why the government has not applied for a

:00:23. > :00:30.potential 125 minimum pounds pay-out from EU campaign to help the winter

:00:31. > :00:34.flows. An application must be made within 12 weeks from the start of

:00:35. > :00:39.the event, said the deadline for applications is this Saturday. After

:00:40. > :00:42.that, the Leader of the House will outline the forthcoming business in

:00:43. > :00:46.the chamber and take questions. The main business will see MPs holding a

:00:47. > :00:52.general debate on European affairs. You can expect much debate on the

:00:53. > :00:56.deal David Cameron reached with European union leaders in changes to

:00:57. > :01:03.the UK's membership of the EU, paving way for a referendum on the

:01:04. > :01:10.UK's membership, said the June. Try me for a round-up of the day and

:01:11. > :01:11.both houses at 11pm, but first we have questions to the Attorney

:01:12. > :01:34.General -- join me. Order, order. Questions to the

:01:35. > :01:36.Attorney General. Mr Speaker, in September last the Crown Prosecution

:01:37. > :01:41.Service publish guidance for advocates aren't better

:01:42. > :01:43.communication with all witnesses, advocates require training the cases

:01:44. > :01:49.involving vulnerable witnesses and special measures for those witnesses

:01:50. > :01:52.are used at court. Including pre-recorded evidence, intermediate

:01:53. > :01:58.trees, screens or the use of a video link. Would my right honourable

:01:59. > :02:04.friend agree with me as a former solicitor, that bundle witnesses

:02:05. > :02:09.want to be kept better informed as the process of their case, to hear

:02:10. > :02:12.update in a timely fashion, to give evidence as quickly as possible

:02:13. > :02:17.without losing their right to be heard, and to be treated in the

:02:18. > :02:21.least intimidating way we can do within the court process? I'm

:02:22. > :02:25.grateful to my honourable friend and I do agree with him. It is important

:02:26. > :02:28.we make sure witnesses who are in gauge incredible trials, which will

:02:29. > :02:34.be difficult experiences for them at the best of times, understand what

:02:35. > :02:39.is happening. He will be encouraged by the trials which have been run in

:02:40. > :02:43.three different Crown Court for pre-recorded cross examination, and

:02:44. > :02:46.what that will mean that for vulnerable and young witnesses, they

:02:47. > :02:50.will be able to get their part in the trial out of the way and any

:02:51. > :02:58.further delays in that trial will not affect them stop that is a huge

:02:59. > :03:02.step forward. I remind the Attorney General of the Conservative Party

:03:03. > :03:07.manifesto, which promised a Victim's Law. We are sometime from the

:03:08. > :03:13.election, could he enlighten the House when it will become

:03:14. > :03:17.forthcoming? He will know that manifestos for parliaments, not just

:03:18. > :03:21.for the first years, so we have a little time left. He will be

:03:22. > :03:26.encourage women to bring forward proposals to see ways in which we

:03:27. > :03:33.can help victims -- when we do bring forward. Also, have a less difficult

:03:34. > :03:40.experience in a criminal system. He knows full well we will never be

:03:41. > :03:43.able to get to a place where giving evidence and being involved in

:03:44. > :03:48.criminal trials is easy for victims and witnesses, but we can make it

:03:49. > :03:53.less hard and we will bring forward proposals to do so. I welcome what

:03:54. > :03:57.the Attorney General has said about the new victims code. What

:03:58. > :04:03.discussions as he had with the CPS in regard to the implementation of

:04:04. > :04:10.this? The Solicitor General and I have regular discussions with how we

:04:11. > :04:15.make sure what prosecutors do assists victims and witnesses. He

:04:16. > :04:19.will understand it is a prosecutor's responsibility to prosecute on

:04:20. > :04:24.behalf of the state, not solely on behalf of the victim, but it is

:04:25. > :04:31.important that victims are spoken directly and in a sensitive way by

:04:32. > :04:39.those involved in the prosecution. Can I find the government for

:04:40. > :04:43.deciding to reverse a decision to close Stockport courthouse, which

:04:44. > :04:48.has excellent facilities for victims and witnesses? Given that Her

:04:49. > :04:54.Majesty's Inspectorate has said services to victims and witnesses

:04:55. > :04:58.require improvement, can he set out precisely what the government is

:04:59. > :05:03.going to do to provide just that? The honourable gentleman one know

:05:04. > :05:07.the court is not part of my responsibilities, but I congratulate

:05:08. > :05:11.him on his ribs and patience. Can I say that in relation to victims,

:05:12. > :05:16.there are many things that need to be done, some will come for the

:05:17. > :05:19.Ministry of Justice and encouraging prosecutors to do their job of

:05:20. > :05:25.interacting with victims and witnesses and a more effective way.

:05:26. > :05:28.We are making progress on that, better communication is important.

:05:29. > :05:32.Better training for prosecutors in dealing with cases, particularly

:05:33. > :05:36.where vulnerable witnesses or children are involved is important,

:05:37. > :05:40.and we are doing that. Some of the measures were taken, which I

:05:41. > :05:45.referred to earlier, around ways in which witnesses give evidence, can

:05:46. > :05:54.help make sure the experiences are not as stressing as they can be.

:05:55. > :06:02.Judges play a crucial in assisting vulnerable witnesses in court. Is

:06:03. > :06:06.the attorney aware of the profound distress and the moralising should

:06:07. > :06:11.not exist amongst legal advisers about the increased pressure they

:06:12. > :06:19.are under, because of the imposition of continued legal aid cuts? Again,

:06:20. > :06:24.he will appreciate that legal aid is not part of my responsibilities. My

:06:25. > :06:28.experience of those who act in our courts on behalf of the defendant

:06:29. > :06:32.and on the crown is that they do the very best they do 2% the evidence in

:06:33. > :06:38.a clear way, and to give people the best experience they can -- to

:06:39. > :06:44.present evidence. I have no doubt they will continue to do so. When it

:06:45. > :06:49.comes to the cross-examination of young all the novel witnesses, both

:06:50. > :06:53.advocates and the judiciary have a role to make sure that

:06:54. > :07:01.cross-examination is conducted in a right way. I hope they will play

:07:02. > :07:05.their part in doing so. Mr Speaker, with your permission, I will answer

:07:06. > :07:09.this question alongside questioned eight and ten. The government is

:07:10. > :07:14.considering the devolution indication of the Bill of Rights.

:07:15. > :07:21.This will include engaging with devolved Administration is in Wales,

:07:22. > :07:28.Scotland and Northern Ireland. It emerged that the UK may be given a

:07:29. > :07:34.new role as a constitutional court. Given the Supreme Court is the final

:07:35. > :07:40.court for civil cases in Scotland, will be Attorney General commit

:07:41. > :07:46.before any proposals are included in a consultation, that he consult with

:07:47. > :07:51.the Scottish Government? If he is referring to the Lord Chancellor's

:07:52. > :07:55.evidence, which I've read, he's not right. What he was talking about was

:07:56. > :07:59.the prospects for considering the ways in which the Supreme Court

:08:00. > :08:03.might fulfil a different role, and he was making reference to the

:08:04. > :08:07.German example of how this is done. As he also knows, no proposals have

:08:08. > :08:12.been brought forward, you will see them when they are, and as I have

:08:13. > :08:18.said before, we will make sure there is proper consultation on any

:08:19. > :08:28.proposals. As the Attorney General will be aware, the human rights law

:08:29. > :08:32.has commented on the overlap on the Bill of Rights and pre-election

:08:33. > :08:35.periods in May. What discussion as he had with the Justice Secretary

:08:36. > :08:43.regarding the publication of the consultation? He will have to wait

:08:44. > :08:47.and see. On timing, he will know the Cabinet office have clear guidance

:08:48. > :08:51.as to the periods before the election, I don't know my right

:08:52. > :09:00.honourable friend is keen that all Jiro God is paid to those

:09:01. > :09:06.guidelines. -- all due diligence is paid.

:09:07. > :09:16.Alex Newell express concern he has not sought to talk rather built on

:09:17. > :09:23.the Scottish Government. Does the Attorney General agree that given

:09:24. > :09:25.the repercussions of the act, the secretary of the adjusters must

:09:26. > :09:28.formally engage with the Scottish Government to

:09:29. > :09:36.the honourable lady is right, I do know that Mr Neill and other

:09:37. > :09:41.ministers within the Scottish Government have had contact with

:09:42. > :09:44.ministers in the UK Government to discuss these matters. Again, I

:09:45. > :09:48.reassure her that when these proposals are brought forward, there

:09:49. > :09:52.will be proper consultation with the devolved administrations. The

:09:53. > :09:56.impending imposition of the British Bill of Rights could have the effect

:09:57. > :10:01.of curtailing the jurisdiction of the Court of Justice in Luxembourg

:10:02. > :10:04.and in Strasbourg. Is not the case this will require further

:10:05. > :10:09.renegotiation with our EU partners, netbook should not have formed a

:10:10. > :10:13.crucial part of the so-called renegotiation? I'm not sure there's

:10:14. > :10:18.much appetite for reopening those negotiations, but can I say, that

:10:19. > :10:23.regarding the Charter of fundamental rights, he may find that there are

:10:24. > :10:32.proposals coming from this government to make clearer what our

:10:33. > :10:35.relationship with that charter is, on political 30 of the treaties,

:10:36. > :10:37.which he will be aware of. Negotiated by a previous government,

:10:38. > :10:41.which makes clear that the charter does not extend right in this

:10:42. > :10:45.country. We will bring further proposals on clarifying that, and he

:10:46. > :10:51.will have a good opportunity to discuss them.

:10:52. > :10:57.Mr Speaker, I meet ministerial colleagues to discuss important

:10:58. > :11:05.issues of common interest, including on EU law. I'm not able to talk of

:11:06. > :11:12.any legal content, by convention it is not disclosed outside government.

:11:13. > :11:22.Recent judgments from The European Court of Human Rights strongly

:11:23. > :11:25.suggest the UK's powers Bill could violate human rights, physically

:11:26. > :11:28.information to build powers. What discussions as he had with his

:11:29. > :11:33.colleagues in the Home Office to ensure powers are provided for and

:11:34. > :11:39.are compatible with the convention? I can assure the honourable member

:11:40. > :11:43.that bearing in mind the most recent case in the Court of Appeal in

:11:44. > :11:47.November last year, the provisional view was that indeed it was not

:11:48. > :11:54.inconsistent with EU law. A reference has been made. I would

:11:55. > :11:58.therefore comment on that case, but can assure him that when it comes to

:11:59. > :12:01.issues on compatibility, very anxious consideration is always

:12:02. > :12:08.given to make sure legislation here is in accordance with the rule of

:12:09. > :12:17.law. In an unstable world, we need to keep the UK save and our

:12:18. > :12:21.partners. With the security charter, how is the going to get the balance

:12:22. > :12:22.right between civil liberties on the one hand and national-security on

:12:23. > :12:34.the other? He asks probably the most important

:12:35. > :12:36.question about that. I can reassure him that the draft bill and

:12:37. > :12:42.legislation that will come forward shortly strikes the balance. It

:12:43. > :12:47.involves judicial authorisation for the granting of warrants. The double

:12:48. > :12:53.lock process which involves the Secretary of State and the

:12:54. > :12:59.judiciary, that strikes the balance. The case involving David Davis and

:13:00. > :13:04.Tom Watson, which was referred to, with the Court of Appeal, it could

:13:05. > :13:08.have implications to the investigatory Powers Bill. That is

:13:09. > :13:13.being heard in April. How does he see that impacting on the timetable

:13:14. > :13:21.for that going through the House? The case will be heard in April.

:13:22. > :13:24.When a judgment will come is still unknown. The outcome of any case

:13:25. > :13:30.would be very carefully considered. I do not anticipate it causing a

:13:31. > :13:33.delay to the introduction of that important piece of legislation,

:13:34. > :13:44.bearing in mind the sunset revisions. Question four. I will

:13:45. > :13:49.answer this alongside question seven and nine. I meet regularly with

:13:50. > :13:53.ministerial colleagues to discuss issues of common interest, including

:13:54. > :13:59.on domestic and international human rights law. Not least because it has

:14:00. > :14:04.been said today, the House knows I am not able to discuss any legal

:14:05. > :14:09.content of the discussions, because this is not disclosed outside

:14:10. > :14:19.government. Question nine has been withdrawn. But he was not to know

:14:20. > :14:27.that. Thank you. Will he list which of the Convention rights in the

:14:28. > :14:34.human right sat -- Human Rights Act he will repeal? I have no plans to

:14:35. > :14:38.repeal any of them. I do not think any of us have any serious argument

:14:39. > :14:42.with the content of the European Convention on Human Rights. It is an

:14:43. > :14:47.admirable document. The difficulty we have is with the interpretation

:14:48. > :14:53.of it by the European Court of Human Rights. So it is not a matter of

:14:54. > :14:57.repealing rights. It is a matter of bringing common sense back into

:14:58. > :15:04.this, which the government is committed to do. Does he think it

:15:05. > :15:07.causes any legal or constitutional problem that the Lord Chancellor

:15:08. > :15:10.will no longer be able to ask his department officials for advice on

:15:11. > :15:17.the powers of the European court of justice? I do not think that is the

:15:18. > :15:23.position at all. The Lord Chancellor will continue to do the excellent

:15:24. > :15:28.job he is doing, of running the justice system. He will be able to

:15:29. > :15:35.ask for advice in that matter from his equally excellent government

:15:36. > :15:38.lawyers. Part of the UK's human rights obligations are to ensure

:15:39. > :15:45.minority communities are not subject to harassment. Will he agree with me

:15:46. > :15:50.that allegations of rabid anti-Semitic behaviour from the

:15:51. > :15:52.Oxford University Labour club are disgrace? A disgrace to Oxford, an

:15:53. > :16:00.embarrassment to the Labour Party and they should dealt with vastly. I

:16:01. > :16:05.do agree. These are troubling allegations, and I hope they are

:16:06. > :16:10.dealt with swiftly and effectively. All of us, on both sides, believe in

:16:11. > :16:15.the protection of human rights, and we believe in rules and laws that

:16:16. > :16:19.allow the protection to happen. What we are not in favour of is the

:16:20. > :16:24.perversion of human rights law by the introduction of silly cases that

:16:25. > :16:28.should not be before the court at all. I think that obscures the

:16:29. > :16:34.important work that my honourable friend is referring to. Under the

:16:35. > :16:39.Lisbon Treaty, the European Union has a treaty obligation to join the

:16:40. > :16:44.human convention -- European Convention on Human Rights, but

:16:45. > :16:49.joining this would be incompatible with EU law. Does this not just

:16:50. > :16:56.demonstrate that the European Court of Justice is indeed supreme? I am

:16:57. > :17:04.sure we were all worried that this would pass without mention of the

:17:05. > :17:11.European Union! Whether or not the European Union axioms to this as a

:17:12. > :17:19.matter for the European Union, so it is not unusual that it expresses

:17:20. > :17:24.opinion. What happens now is all member states need to consider

:17:25. > :17:30.carefully what action they take next. I'm sure that's what they will

:17:31. > :17:35.do. The attorney general will recall that during the Iraq war, the role

:17:36. > :17:40.of the attorney General played a very important part. It continued up

:17:41. > :17:46.until the various enquiries. I think he ought to be clear that in order

:17:47. > :17:51.to get rid of any doubt, whose side is he on, the justice minister or

:17:52. > :18:02.the Prime Minister? It is an easy question. I am on the side of the

:18:03. > :18:09.government. I made my position clear yesterday. In relation to enquiries

:18:10. > :18:13.and the role of the Attorney General, he is right that the

:18:14. > :18:18.Attorney General and the Law offices have an important part to play in

:18:19. > :18:24.ensuring that the government's actions stay within the law, both

:18:25. > :18:30.domestic and international, and previous and current law offices

:18:31. > :18:33.take that very seriously. Yesterday, Amnesty International published

:18:34. > :18:39.their annual report which criticises the government's plan to scrap

:18:40. > :18:44.Labour's excellent Human Rights Act. UK director also commented that the

:18:45. > :18:49.behaviour of the UK towards China, Saudi Arabia and eejit showed that

:18:50. > :19:09.the government has lost its passion to promote human rights. Doesn't the

:19:10. > :19:17.government Hotel -- Egypt's. Doesn't the government giving into this...

:19:18. > :19:20.On the side of the House, and I am sure in common with the honourable

:19:21. > :19:24.gentleman, will continue to passionately advocates because for

:19:25. > :19:29.the protection of human rights, both in this country and abroad. He is

:19:30. > :19:36.wrong to say that this government does not challenge those other

:19:37. > :19:46.states that have a doubtful human rights record. In relation to the

:19:47. > :19:49.Amnesty International report, I have huge respect for what they do, but

:19:50. > :19:55.they have overstated their case a little in this report. As I have

:19:56. > :19:58.said before, it is not the case that human rights and the Human Rights

:19:59. > :20:03.Act at the same thing. It is possible to protect human rights

:20:04. > :20:09.without the Human Rights Act, and to do so, better. That is what this

:20:10. > :20:16.government intends to do. Can we please speed up. I want to get to

:20:17. > :20:23.the last question, and progress is slow. The CPS has undertaken work to

:20:24. > :20:35.police priority on the improvement of rape prosecutions. I thank him

:20:36. > :20:38.for that brief reply. He will know that despite claims of the highest

:20:39. > :20:43.number of convictions ever, conviction rates for rape, domestic

:20:44. > :20:48.abuse and other sexual offences have fallen. I work closely with

:20:49. > :20:51.Sheffield rape crisis, and they make the point that there is a real

:20:52. > :20:57.postcode lottery, in terms of support for the ones. If victims are

:20:58. > :21:00.not supported, they are less likely to come forward. What discussions

:21:01. > :21:11.has he had with the Home Secretary to ensure adequate funding for

:21:12. > :21:14.sexual violence advisers? I work regularly with colleagues in the

:21:15. > :21:18.Home Office to look at the range of measures that need to be put in

:21:19. > :21:22.place to give support to pick them is of sexual offences. I will remind

:21:23. > :21:27.him that in terms of volumes, conviction rates continue to rise,

:21:28. > :21:31.and are the highest ever. And I reassure him that the CPS has

:21:32. > :21:35.engaged 102 specialist prosecutors in the units to place proper

:21:36. > :21:42.priority on the swift and effective prosecution of these cases. In our

:21:43. > :21:48.enthusiasm to get convictions, can he make sure the discussions with

:21:49. > :21:53.the Home Office, and police, do not lose their commitment to justice,

:21:54. > :22:04.and when they conduct investigations, they should not

:22:05. > :22:06.simply ignore potential evidence. The police should follow the

:22:07. > :22:13.evidence wherever it leads. There should be no presumptions of truth

:22:14. > :22:17.or otherwise, and they should objectively and fairly investigate

:22:18. > :22:21.cases before presenting them to the Crown Prosecution Service. Is he

:22:22. > :22:25.aware that in Scotland are conviction rate for rape and sexual

:22:26. > :22:28.offences has increased significantly over the last few years as a result

:22:29. > :22:38.of setting up a centralised sexual crimes unit in Edinburgh, in which

:22:39. > :22:46.prosecutors oversee the cases in Scotland. With the Minister like to

:22:47. > :22:52.visit? I am very grateful. England Women is a slightly different scale,

:22:53. > :22:56.and regional units have been the approach. But I agree with her that

:22:57. > :22:59.we need to standardise practice, and we are always very conscious of that

:23:00. > :23:09.in our conversations with the DPP and the CPS. Work is being done to

:23:10. > :23:13.standardise that. In the latest review of rape and sexual offence

:23:14. > :23:17.units, the CPS inspector found that the care given to the ends of rape

:23:18. > :23:23.and sexual assault fell well short of what is expected. Is he concerned

:23:24. > :23:27.by Kevin Green the's findings that in some areas the CPS have stopped

:23:28. > :23:33.investigate of advice to the police because resources are so

:23:34. > :23:42.overstretched? -- McGinty. That report related to a particular

:23:43. > :23:47.period which is now 12 to 18 months ago. Since then the CPS have taken

:23:48. > :23:52.huge steps in increasing the number of prosecutors and improving the

:23:53. > :23:59.methods by which the cases are assessed and managed. In the

:24:00. > :24:07.calendar year to the 31st of December 2015, we considered 467

:24:08. > :24:12.sentences and referred 150 fenders to the Court of Appeal. Can he

:24:13. > :24:16.confirmed that he is fulfilling our manifesto commitment to review the

:24:17. > :24:23.unduly lenient sentences scheme, in particular whether that review will

:24:24. > :24:25.take into account the family courts, where it is currently at the

:24:26. > :24:35.discretion of the Poseidon judge whether to refer cases? -- presiding

:24:36. > :24:38.judge. Yes, we will fulfil that commitment. I will also look at what

:24:39. > :24:44.she has said in relation to the youth courts and matters which are

:24:45. > :24:47.considered. There are difficulties including all cases in the youth

:24:48. > :24:56.courts, but we will look at what she says. It is clearly some awareness

:24:57. > :25:02.of the legal framework applicable to social media, but I do publish

:25:03. > :25:06.warnings online reminding people of their responsibilities with ever

:25:07. > :25:13.appropriate. My office also since tweets, warning the user of being in

:25:14. > :25:20.contempt where there is a particular problem. Can you explain what steps

:25:21. > :25:29.are being taken to prevent media coverage of ongoing cases? The media

:25:30. > :25:33.quite properly play a role in reporting cases, but it is the lack

:25:34. > :25:38.of responsibility that allows my office and the criminal to

:25:39. > :25:46.intervene, particularly in respect to the contempt of court act, 1981,

:25:47. > :25:49.and detailed guidelines are available on the CPS website.

:25:50. > :25:58.Questions to the Minister for women and equality is, Mr Stephen

:25:59. > :26:04.Patterson. Number one. With permission I will answer questions

:26:05. > :26:12.one and 12 together. The Prime Minister has set out challenging

:26:13. > :26:17.government targets to increase opportunities by 2020, including

:26:18. > :26:25.apprenticeships, employment, recruitment in the police and armed

:26:26. > :26:28.services. The Scottish Government has launched a programme integrating

:26:29. > :26:36.refugees in Scotland's communities, ensuring they have every opportunity

:26:37. > :26:38.to rebuild their lives. What similar initiatives has the UK