Live Attorney General Questions House of Commons

Hello, good morning and welcome to the live coverage from the House of

Commons. In one hour, MPs will have an urgent question tabled by

Labour's Alex Cannon on why the government has not applied for a

potential 125 minimum pounds pay-out from EU campaign to help the winter

flows. An application must be made within 12 weeks from the start of

the event, said the deadline for applications is this Saturday. After

that, the Leader of the House will outline the forthcoming business in

the chamber and take questions. The main business will see MPs holding a

general debate on European affairs. You can expect much debate on the

deal David Cameron reached with European union leaders in changes to

the UK's membership of the EU, paving way for a referendum on the

UK's membership, said the June. Try me for a round-up of the day and

both houses at 11pm, but first we have questions to the Attorney

General -- join me. Order, order. Questions to the

Attorney General. Mr Speaker, in September last the Crown Prosecution

Service publish guidance for advocates aren't better

communication with all witnesses, advocates require training the cases

involving vulnerable witnesses and special measures for those witnesses

are used at court. Including pre-recorded evidence, intermediate

trees, screens or the use of a video link. Would my right honourable

friend agree with me as a former solicitor, that bundle witnesses

want to be kept better informed as the process of their case, to hear

update in a timely fashion, to give evidence as quickly as possible

without losing their right to be heard, and to be treated in the

least intimidating way we can do within the court process? I'm

grateful to my honourable friend and I do agree with him. It is important

we make sure witnesses who are in gauge incredible trials, which will

be difficult experiences for them at the best of times, understand what

is happening. He will be encouraged by the trials which have been run in

three different Crown Court for pre-recorded cross examination, and

what that will mean that for vulnerable and young witnesses, they

will be able to get their part in the trial out of the way and any

further delays in that trial will not affect them stop that is a huge

step forward. I remind the Attorney General of the Conservative Party

manifesto, which promised a Victim's Law. We are sometime from the

election, could he enlighten the House when it will become

forthcoming? He will know that manifestos for parliaments, not just

for the first years, so we have a little time left. He will be

encourage women to bring forward proposals to see ways in which we

can help victims -- when we do bring forward. Also, have a less difficult

experience in a criminal system. He knows full well we will never be

able to get to a place where giving evidence and being involved in

criminal trials is easy for victims and witnesses, but we can make it

less hard and we will bring forward proposals to do so. I welcome what

the Attorney General has said about the new victims code. What

discussions as he had with the CPS in regard to the implementation of

this? The Solicitor General and I have regular discussions with how we

make sure what prosecutors do assists victims and witnesses. He

will understand it is a prosecutor's responsibility to prosecute on

behalf of the state, not solely on behalf of the victim, but it is

important that victims are spoken directly and in a sensitive way by

those involved in the prosecution. Can I find the government for

deciding to reverse a decision to close Stockport courthouse, which

has excellent facilities for victims and witnesses? Given that Her

Majesty's Inspectorate has said services to victims and witnesses

require improvement, can he set out precisely what the government is

going to do to provide just that? The honourable gentleman one know

the court is not part of my responsibilities, but I congratulate

him on his ribs and patience. Can I say that in relation to victims,

there are many things that need to be done, some will come for the

Ministry of Justice and encouraging prosecutors to do their job of

interacting with victims and witnesses and a more effective way.

We are making progress on that, better communication is important.

Better training for prosecutors in dealing with cases, particularly

where vulnerable witnesses or children are involved is important,

and we are doing that. Some of the measures were taken, which I

referred to earlier, around ways in which witnesses give evidence, can

help make sure the experiences are not as stressing as they can be.

Judges play a crucial in assisting vulnerable witnesses in court. Is

the attorney aware of the profound distress and the moralising should

not exist amongst legal advisers about the increased pressure they

are under, because of the imposition of continued legal aid cuts? Again,

he will appreciate that legal aid is not part of my responsibilities. My

experience of those who act in our courts on behalf of the defendant

and on the crown is that they do the very best they do 2% the evidence in

a clear way, and to give people the best experience they can -- to

present evidence. I have no doubt they will continue to do so. When it

comes to the cross-examination of young all the novel witnesses, both

advocates and the judiciary have a role to make sure that

cross-examination is conducted in a right way. I hope they will play

their part in doing so. Mr Speaker, with your permission, I will answer

this question alongside questioned eight and ten. The government is

considering the devolution indication of the Bill of Rights.

This will include engaging with devolved Administration is in Wales,

Scotland and Northern Ireland. It emerged that the UK may be given a

new role as a constitutional court. Given the Supreme Court is the final

court for civil cases in Scotland, will be Attorney General commit

before any proposals are included in a consultation, that he consult with

the Scottish Government? If he is referring to the Lord Chancellor's

evidence, which I've read, he's not right. What he was talking about was

the prospects for considering the ways in which the Supreme Court

might fulfil a different role, and he was making reference to the

German example of how this is done. As he also knows, no proposals have

been brought forward, you will see them when they are, and as I have

said before, we will make sure there is proper consultation on any

proposals. As the Attorney General will be aware, the human rights law

has commented on the overlap on the Bill of Rights and pre-election

periods in May. What discussion as he had with the Justice Secretary

regarding the publication of the consultation? He will have to wait

and see. On timing, he will know the Cabinet office have clear guidance

as to the periods before the election, I don't know my right

honourable friend is keen that all Jiro God is paid to those

guidelines. -- all due diligence is paid.

Alex Newell express concern he has not sought to talk rather built on

the Scottish Government. Does the Attorney General agree that given

the repercussions of the act, the secretary of the adjusters must

formally engage with the Scottish Government to

the honourable lady is right, I do know that Mr Neill and other

ministers within the Scottish Government have had contact with

ministers in the UK Government to discuss these matters. Again, I

reassure her that when these proposals are brought forward, there

will be proper consultation with the devolved administrations. The

impending imposition of the British Bill of Rights could have the effect

of curtailing the jurisdiction of the Court of Justice in Luxembourg

and in Strasbourg. Is not the case this will require further

renegotiation with our EU partners, netbook should not have formed a

crucial part of the so-called renegotiation? I'm not sure there's

much appetite for reopening those negotiations, but can I say, that

regarding the Charter of fundamental rights, he may find that there are

proposals coming from this government to make clearer what our

relationship with that charter is, on political 30 of the treaties,

which he will be aware of. Negotiated by a previous government,

which makes clear that the charter does not extend right in this

country. We will bring further proposals on clarifying that, and he

will have a good opportunity to discuss them.

Mr Speaker, I meet ministerial colleagues to discuss important

issues of common interest, including on EU law. I'm not able to talk of

any legal content, by convention it is not disclosed outside government.

Recent judgments from The European Court of Human Rights strongly

suggest the UK's powers Bill could violate human rights, physically

information to build powers. What discussions as he had with his

colleagues in the Home Office to ensure powers are provided for and

are compatible with the convention? I can assure the honourable member

that bearing in mind the most recent case in the Court of Appeal in

November last year, the provisional view was that indeed it was not

inconsistent with EU law. A reference has been made. I would

therefore comment on that case, but can assure him that when it comes to

issues on compatibility, very anxious consideration is always

given to make sure legislation here is in accordance with the rule of

law. In an unstable world, we need to keep the UK save and our

partners. With the security charter, how is the going to get the balance

right between civil liberties on the one hand and national-security on

the other? He asks probably the most important

question about that. I can reassure him that the draft bill and

legislation that will come forward shortly strikes the balance. It

involves judicial authorisation for the granting of warrants. The double

lock process which involves the Secretary of State and the

judiciary, that strikes the balance. The case involving David Davis and

Tom Watson, which was referred to, with the Court of Appeal, it could

have implications to the investigatory Powers Bill. That is

being heard in April. How does he see that impacting on the timetable

for that going through the House? The case will be heard in April.

When a judgment will come is still unknown. The outcome of any case

would be very carefully considered. I do not anticipate it causing a

delay to the introduction of that important piece of legislation,

bearing in mind the sunset revisions. Question four. I will

answer this alongside question seven and nine. I meet regularly with

ministerial colleagues to discuss issues of common interest, including

on domestic and international human rights law. Not least because it has

been said today, the House knows I am not able to discuss any legal

content of the discussions, because this is not disclosed outside

government. Question nine has been withdrawn. But he was not to know

that. Thank you. Will he list which of the Convention rights in the

human right sat -- Human Rights Act he will repeal? I have no plans to

repeal any of them. I do not think any of us have any serious argument

with the content of the European Convention on Human Rights. It is an

admirable document. The difficulty we have is with the interpretation

of it by the European Court of Human Rights. So it is not a matter of

repealing rights. It is a matter of bringing common sense back into

this, which the government is committed to do. Does he think it

causes any legal or constitutional problem that the Lord Chancellor

will no longer be able to ask his department officials for advice on

the powers of the European court of justice? I do not think that is the

position at all. The Lord Chancellor will continue to do the excellent

job he is doing, of running the justice system. He will be able to

ask for advice in that matter from his equally excellent government

lawyers. Part of the UK's human rights obligations are to ensure

minority communities are not subject to harassment. Will he agree with me

that allegations of rabid anti-Semitic behaviour from the

Oxford University Labour club are disgrace? A disgrace to Oxford, an

embarrassment to the Labour Party and they should dealt with vastly. I

do agree. These are troubling allegations, and I hope they are

dealt with swiftly and effectively. All of us, on both sides, believe in

the protection of human rights, and we believe in rules and laws that

allow the protection to happen. What we are not in favour of is the

perversion of human rights law by the introduction of silly cases that

should not be before the court at all. I think that obscures the

important work that my honourable friend is referring to. Under the

Lisbon Treaty, the European Union has a treaty obligation to join the

human convention -- European Convention on Human Rights, but

joining this would be incompatible with EU law. Does this not just

demonstrate that the European Court of Justice is indeed supreme? I am

sure we were all worried that this would pass without mention of the

European Union! Whether or not the European Union axioms to this as a

matter for the European Union, so it is not unusual that it expresses

opinion. What happens now is all member states need to consider

carefully what action they take next. I'm sure that's what they will

do. The attorney general will recall that during the Iraq war, the role

of the attorney General played a very important part. It continued up

until the various enquiries. I think he ought to be clear that in order

to get rid of any doubt, whose side is he on, the justice minister or

the Prime Minister? It is an easy question. I am on the side of the

government. I made my position clear yesterday. In relation to enquiries

and the role of the Attorney General, he is right that the

Attorney General and the Law offices have an important part to play in

ensuring that the government's actions stay within the law, both

domestic and international, and previous and current law offices

take that very seriously. Yesterday, Amnesty International published

their annual report which criticises the government's plan to scrap

Labour's excellent Human Rights Act. UK director also commented that the

behaviour of the UK towards China, Saudi Arabia and eejit showed that

the government has lost its passion to promote human rights. Doesn't the

government Hotel -- Egypt's. Doesn't the government giving into this...

On the side of the House, and I am sure in common with the honourable

gentleman, will continue to passionately advocates because for

the protection of human rights, both in this country and abroad. He is

wrong to say that this government does not challenge those other

states that have a doubtful human rights record. In relation to the

Amnesty International report, I have huge respect for what they do, but

they have overstated their case a little in this report. As I have

said before, it is not the case that human rights and the Human Rights

Act at the same thing. It is possible to protect human rights

without the Human Rights Act, and to do so, better. That is what this

government intends to do. Can we please speed up. I want to get to

the last question, and progress is slow. The CPS has undertaken work to

police priority on the improvement of rape prosecutions. I thank him

for that brief reply. He will know that despite claims of the highest

number of convictions ever, conviction rates for rape, domestic

abuse and other sexual offences have fallen. I work closely with

Sheffield rape crisis, and they make the point that there is a real

postcode lottery, in terms of support for the ones. If victims are

not supported, they are less likely to come forward. What discussions

has he had with the Home Secretary to ensure adequate funding for

sexual violence advisers? I work regularly with colleagues in the

Home Office to look at the range of measures that need to be put in

place to give support to pick them is of sexual offences. I will remind

him that in terms of volumes, conviction rates continue to rise,

and are the highest ever. And I reassure him that the CPS has

engaged 102 specialist prosecutors in the units to place proper

priority on the swift and effective prosecution of these cases. In our

enthusiasm to get convictions, can he make sure the discussions with

the Home Office, and police, do not lose their commitment to justice,

and when they conduct investigations, they should not

simply ignore potential evidence. The police should follow the

evidence wherever it leads. There should be no presumptions of truth

or otherwise, and they should objectively and fairly investigate

cases before presenting them to the Crown Prosecution Service. Is he

aware that in Scotland are conviction rate for rape and sexual

offences has increased significantly over the last few years as a result

of setting up a centralised sexual crimes unit in Edinburgh, in which

prosecutors oversee the cases in Scotland. With the Minister like to

visit? I am very grateful. England Women is a slightly different scale,

and regional units have been the approach. But I agree with her that

we need to standardise practice, and we are always very conscious of that

in our conversations with the DPP and the CPS. Work is being done to

standardise that. In the latest review of rape and sexual offence

units, the CPS inspector found that the care given to the ends of rape

and sexual assault fell well short of what is expected. Is he concerned

by Kevin Green the's findings that in some areas the CPS have stopped

investigate of advice to the police because resources are so

overstretched? -- McGinty. That report related to a particular

period which is now 12 to 18 months ago. Since then the CPS have taken

huge steps in increasing the number of prosecutors and improving the

methods by which the cases are assessed and managed. In the

calendar year to the 31st of December 2015, we considered 467

sentences and referred 150 fenders to the Court of Appeal. Can he

confirmed that he is fulfilling our manifesto commitment to review the

unduly lenient sentences scheme, in particular whether that review will

take into account the family courts, where it is currently at the

discretion of the Poseidon judge whether to refer cases? -- presiding

judge. Yes, we will fulfil that commitment. I will also look at what

she has said in relation to the youth courts and matters which are

considered. There are difficulties including all cases in the youth

courts, but we will look at what she says. It is clearly some awareness

of the legal framework applicable to social media, but I do publish

warnings online reminding people of their responsibilities with ever

appropriate. My office also since tweets, warning the user of being in

contempt where there is a particular problem. Can you explain what steps

are being taken to prevent media coverage of ongoing cases? The media

quite properly play a role in reporting cases, but it is the lack

of responsibility that allows my office and the criminal to

intervene, particularly in respect to the contempt of court act, 1981,

and detailed guidelines are available on the CPS website.

Questions to the Minister for women and equality is, Mr Stephen

Patterson. Number one. With permission I will answer questions

one and 12 together. The Prime Minister has set out challenging

government targets to increase opportunities by 2020, including

apprenticeships, employment, recruitment in the police and armed

services. The Scottish Government has launched a programme integrating

refugees in Scotland's communities, ensuring they have every opportunity

to rebuild their lives. What similar initiatives has the UK