Live Attorney General Questions

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:00:08. > :00:16.Although, questions to the tourney General, Mr Martin Bay. With your

:00:17. > :00:20.permission I will ask this along with questions number four and 13.

:00:21. > :00:23.The on-board gentleman will know that the Prime Minister visited

:00:24. > :00:27.Scotland and Wales already and has made it clear that she wants to

:00:28. > :00:32.achieve the best possible deal for the whole of the UK on leaving the

:00:33. > :00:35.European Union. She's made it clear that Article 50 of the Treaty on

:00:36. > :00:42.European Union will not be triggered before the end of the year. Thank

:00:43. > :00:47.you. The Prime Minister has stated that Brexit means Brexit Andy First

:00:48. > :00:51.Minister has stated that remain means remain. You agree that the

:00:52. > :00:55.Scottish people have spoken and therefore their sovereignty should

:00:56. > :00:59.be respected? The people of the United Kingdom have spoken and their

:01:00. > :01:03.sovereignty must be respected, and a decision as to whether or not to

:01:04. > :01:06.leave the European Union is a decision that the people of the

:01:07. > :01:16.United Kingdom have made. And we will respect their decision. Thank

:01:17. > :01:19.you, Mr Speaker. Prime Minister has introduced remarks regarding Article

:01:20. > :01:25.50 in the UK and the UK approach to Brexit. Does the right honourable

:01:26. > :01:28.gentleman agree that the legislative consent version is required before

:01:29. > :01:33.the government has legal authority to trigger Article 50? Mr Speaker, I

:01:34. > :01:37.think it is perfectly right, as the Prime Minister has made clear, that

:01:38. > :01:43.all parts of the UK, including the governments of the Administration 's

:01:44. > :01:45.should be able to dissipate in the process of developing the UK

:01:46. > :01:49.approach to these negotiations, but that does not mean that any parts of

:01:50. > :01:57.the UK have a veto over this process, and so consultation most

:01:58. > :02:01.certainly, but veto, I'm afraid not. At a time when Brexit is already

:02:02. > :02:05.causing more than enough diffusion, the Prime Minister is saying Article

:02:06. > :02:07.50 will definitely not be triggered before the end of the year. The

:02:08. > :02:12.Brexit minister has said it definitely will be. Can you clarify

:02:13. > :02:17.which of these is correctly articulate in government policy? I

:02:18. > :02:21.don't think there's any confusion. We must make sure that there is

:02:22. > :02:25.clarity about the UK position going into these negotiations, that we

:02:26. > :02:29.have done that work before we begin them and as the honourable gentleman

:02:30. > :02:32.knows, it is for the UK Government to determine the point at which

:02:33. > :02:44.Article 50 years triggered. We should do so when we are ready. What

:02:45. > :02:48.will it mean, Article 50 being invoked, where is it kept, is it a

:02:49. > :02:52.secret drawer in the Prime Minister's office to which a lady at

:02:53. > :02:56.olly general has the key, or is it the Queen who signs it? How is

:02:57. > :03:02.Article 50 actually going to be invoked? I can assist My Honourable

:03:03. > :03:08.Friend and his constituents. Article 50 is Article 50 of the Treaty on

:03:09. > :03:12.European Union and copies of it are kept in all sorts of places. I am

:03:13. > :03:17.not sure that there is one in my desk. What it says is that a member

:03:18. > :03:22.state which decides that with drawer shall notify the European Council of

:03:23. > :03:31.its intention and so, it will be for the UK Government to do that at, as

:03:32. > :03:34.I say, time of its choosing. Mr Speaker, I'm quite happy with the

:03:35. > :03:38.government consulting with the devolved Administration is. What

:03:39. > :03:44.concerns me is that we don't finish up being held to ransom by the

:03:45. > :03:48.Scottish Nationalists. The point is, whatever the government try and do,

:03:49. > :03:53.they will never be able to satisfy the Scottish Nationalists and so,

:03:54. > :03:56.can be on tourney general reassure me and my constituents who voted

:03:57. > :04:00.overwhelmingly to leave the European Union, that their wishes will not be

:04:01. > :04:06.frustrated by the Scottish Nationalists? I think the Prime

:04:07. > :04:10.Minister has been very clear, that the United Kingdom will leave the

:04:11. > :04:15.European Union, and that means all of the United Kingdom, but as I also

:04:16. > :04:19.said earlier, it is important that in the process of accepting the

:04:20. > :04:22.European Union, all parts of the European Ashton Agar editing them

:04:23. > :04:26.have an opportunity to contribute to the negotiations we will engage in

:04:27. > :04:34.and that is a spirit in which the UK Government will approach this

:04:35. > :04:38.recess. -- process. With all respect, all parts of the UK were

:04:39. > :04:47.involved in that. I would express hope that the Prime Minister would

:04:48. > :04:51.come to Northern Ireland about this. I understand the honourable

:04:52. > :04:54.gentleman's point and I'm sure that the Prime Minister will wish to

:04:55. > :04:59.visit Northern Ireland shortly, and she, and we, have in mind the

:05:00. > :05:02.particular difficulties that will apply to this process in Northern

:05:03. > :05:06.Ireland because of the land border with the Republic of Ireland and I

:05:07. > :05:08.know that he will have been present yesterday when the Secretary of

:05:09. > :05:11.State for Northern Ireland dealt with this question. He knows that it

:05:12. > :05:17.is in the forefront of our minds, and we have to make sure that we

:05:18. > :05:22.reach a satisfactory settlement. The new Brexit minister has said the UK

:05:23. > :05:25.may be able to stop EU migrants from coming to the UK before we leave the

:05:26. > :05:31.European Union whilst at the same time remaining in the single market.

:05:32. > :05:34.Can I ask the legal basis for this became vitch approach to European

:05:35. > :05:38.law and does he think that this attitude is going to get the UK the

:05:39. > :05:45.best deal in negotiations? The legal position is clear. For as long as we

:05:46. > :05:48.remain European Union members and the rights and responsibilities as a

:05:49. > :05:52.result of that membership will persist but it is open to member

:05:53. > :05:56.states to negotiate different arrangements if they think it's

:05:57. > :05:59.appropriate, and we will see, of course, once Article 50 is

:06:00. > :06:03.triggered, how those negotiations play up. The legal position is that

:06:04. > :06:08.rights and responsibilities of member states and of citizens of

:06:09. > :06:16.those member states will persist for as long as we are members of the

:06:17. > :06:20.European Union. With your permission I will answer this together with

:06:21. > :06:27.questions five and seven. The government significant strength and

:06:28. > :06:29.the law to the serious crime Act two improve protection of victims

:06:30. > :06:33.through lifelong anonymity had to break down barriers to prosecution

:06:34. > :06:42.and the introduction of mandatory reporting duty to identify cases of

:06:43. > :06:50.FGM and girls under 18. At the age of love and, Valentine was forced to

:06:51. > :06:57.go through matter what. 19 years later she set up an enterprise in my

:06:58. > :06:59.constituency to use her experience to raise awareness of FGM and help

:07:00. > :07:05.protect children in the UK and support survivors. The current

:07:06. > :07:09.project aims to create a network of media train community champions do

:07:10. > :07:13.tackle the issues around women and girls and are at risk, living with

:07:14. > :07:18.the consequences and to increase self reporting. What engagement the

:07:19. > :07:22.rehab with such community organisations to address the low

:07:23. > :07:28.level of prosecutions for FGM? I pay tribute to the work of that

:07:29. > :07:32.community organisation and others who are fighting the scourge of FGM.

:07:33. > :07:35.She will be pleased to know that members of the government have

:07:36. > :07:39.regular engagement with community groups and the Department of Health

:07:40. > :07:42.has provided ?4 million of funding in the last two years to enhance

:07:43. > :07:48.community engagement so that awareness can be spread and victims

:07:49. > :07:56.do not suffer in silence. The lack of services to support victims of

:07:57. > :08:02.FGM is often seen as the reason why so many cases arm unreported. What

:08:03. > :08:05.affect does the attorney think that cuts of 24% to the Crown Prosecution

:08:06. > :08:11.Service will have on the recording of FGM cases? Can I reassure the

:08:12. > :08:14.honourable lady that the CPS places great importance on the need to

:08:15. > :08:20.properly investigate and prosecute where appropriate crimes of FGM. It

:08:21. > :08:24.was regrettable to note that in the years prior to 2010 not one

:08:25. > :08:29.prosecution happened. There are cultural and other obstacles that

:08:30. > :08:32.have prevented the effective investigation and prosecution of

:08:33. > :08:35.this scourge. The work of community groups and the resolution of the

:08:36. > :08:40.government means that that position is gradually changing for the

:08:41. > :08:43.better. The Solicitor General will be no doubt be aware of the European

:08:44. > :08:52.Commission guidelines on action against FGM. Notwithstanding the

:08:53. > :08:58.vote on 23rd of June for the UK to leave the European Union, can the

:08:59. > :09:01.Minister say whether it is still the intention of the government to

:09:02. > :09:07.access the recommendations of the European Commission's report into

:09:08. > :09:11.British law? Can I say that with regard to the specifics, that matter

:09:12. > :09:15.needs to be considered carefully, and I will take that away with me.

:09:16. > :09:20.On the general presuppose laid out in that report, I think there was no

:09:21. > :09:26.doubt whatsoever that this government remains fully committed

:09:27. > :09:30.to making sure that FGM is properly explained, properly challenged and

:09:31. > :09:32.properly dealt with, whether by prosecution, awareness in the

:09:33. > :09:37.community or other preventative measures.

:09:38. > :09:43.Thank you, Mr Speaker. What steps is the Government taking to ensure that

:09:44. > :09:47.in communities where on occasions a blind eye is turned to this

:09:48. > :09:58.obscenity that they understand that the law be will upheld and 130,000

:09:59. > :10:03.odd young females affected by this will be protected into the future.

:10:04. > :10:08.Well, as I think the honourable gentleman - it needs community

:10:09. > :10:11.engagement which is key in order to make more progress on this area. I

:10:12. > :10:18.am glad to see in England the Department for Education has 2.25

:10:19. > :10:24.million of funding to invest in awareness and education. That will

:10:25. > :10:31.have a beneficial effect. Question three, Mr Speaker. In

:10:32. > :10:35.relation to the withdrawal to the EU is the same as other areas of

:10:36. > :10:40.Government business. I act as the legal adviser. In terms of seeking

:10:41. > :10:44.advice in relation to the UK's exit the standard rules apply. The law

:10:45. > :10:51.officers must be consulted by officials or ministers before the

:10:52. > :10:56.Government is committed to operations. Has the Government made

:10:57. > :11:00.an estimate of the cost of the vast number of lawyers and trade

:11:01. > :11:04.negotiators that will have to be hired in order to deliver our

:11:05. > :11:09.disentanglement from the European Union? If such an estimate has not

:11:10. > :11:13.yet been made, can the Attorney General confirm when he'll be able

:11:14. > :11:17.to furnish the House with that information? Well, it is undoubtedly

:11:18. > :11:22.the case we will need the best advice that we can have and the best

:11:23. > :11:26.trade negotiators that we can have. The Government already has some of

:11:27. > :11:30.that capacity, but the department responsible is looking very

:11:31. > :11:33.carefully at the moment as to exactly what additional capacity we

:11:34. > :11:36.will need to gain. As soon as they are in a position to give that

:11:37. > :11:40.information to House, I am sure they'll do so.

:11:41. > :11:43.Mr Speaker, our membership of the European Union has brought about

:11:44. > :11:48.substantial enhancements in our health and safety laws. Will the

:11:49. > :11:53.Attorney General guarantee that with leaving the European Union none of

:11:54. > :11:57.those health and safety laws will be weakened in anyway? I agree with the

:11:58. > :12:02.honourable gentleman that are many of those regulations that we will

:12:03. > :12:07.wish to retain. Of course the exercise of looking at exactly which

:12:08. > :12:11.parts of the cannon of European law we wish to transfer into UK law,

:12:12. > :12:15.which we wish to adapt and may not wish to continue with at all is a

:12:16. > :12:19.very lengthy exercise that we will need to continue with. But I agree

:12:20. > :12:23.with him that it will not, in all likelihood, be the case that all

:12:24. > :12:26.those rules and regulations will be dispensed with all together and both

:12:27. > :12:32.businesses and those employed by them benefit from some of those

:12:33. > :12:37.measures. . Thank you, Mr Speaker. Leaving the European Union will

:12:38. > :12:42.involve repel of the European communities act 1972 which will mean

:12:43. > :12:46.all secondary legislation under the act will automatically fail unless

:12:47. > :12:54.re-enacted. Can the Attorney General tell us which steps will be taken to

:12:55. > :12:58.ensure the necessary legislation to guarantee protection on employment

:12:59. > :13:04.rights and paid holidays for employees? Well, Mr Speaker I can

:13:05. > :13:08.say it is always nice to see anyone on the Labour front bench these days

:13:09. > :13:12.but a pleasure to see the honourable lady retains her position. Can I

:13:13. > :13:17.repeat what I said to her honourable friend, it is clearly the case that

:13:18. > :13:20.some of the regulations and pieces of legislation she refers to, the

:13:21. > :13:24.British Government will wish to retain in some form. Of course the

:13:25. > :13:28.exercise of determining which those pieces of legislation are will be a

:13:29. > :13:32.time-consuming and a complex one. I have no doubt that what this

:13:33. > :13:36.Government will wish to do is persist with high quality protection

:13:37. > :13:40.for those in employment in this country, whether that is European

:13:41. > :13:45.legislation or in future domestic legislation.

:13:46. > :13:53.Thank you, Mr Speaker. I listened to the answer that the attorney gave to

:13:54. > :13:56.my honourable member, prior to be elected for this House, I

:13:57. > :14:01.represented families of people killed or injured at work. The

:14:02. > :14:04.majority of health and safety legislation providing protection for

:14:05. > :14:10.UK workers derived through European law. In his answer the attorney did

:14:11. > :14:13.not satisfy me that he's going to provide equivalent protection that

:14:14. > :14:19.we currently have, if not better protection. Does he agree with me

:14:20. > :14:23.that workers need to be protected against injury, illness and death at

:14:24. > :14:26.work and health and safety legislation is essential and not red

:14:27. > :14:31.tape? Will he give this House, particularly the families of those

:14:32. > :14:36.killed at work a guarantee that at the very least equivalent

:14:37. > :14:40.legislation and work-place protections will be urgently

:14:41. > :14:46.re-enacted? I do agree with the honourable lady that injury, ill

:14:47. > :14:51.answer and death at work must -- death and injury at work must be

:14:52. > :14:54.prevented. We have already sought to protect workers from those things

:14:55. > :14:56.prior to our membership of the European Union. We will certainly

:14:57. > :15:01.seek to do so post our membership of the European Union. I don't believe

:15:02. > :15:05.it is beyond the capacity of this House to design legislation which

:15:06. > :15:08.will enable us to protect these things effectively and this

:15:09. > :15:15.Government is entirely committed to do soing. Number six, Mr Speaker.

:15:16. > :15:19.Mr Speaker, under existing law, a company only faces criminal

:15:20. > :15:22.liability if prosecutors can provide a sufficiently senior person knew

:15:23. > :15:27.about the criminal conduct. Kit be extremely hard to prove this,

:15:28. > :15:29.especially in large companies with complex management structures, that

:15:30. > :15:34.is why the Government will consult on whether the failure to prevent

:15:35. > :15:39.model should be extended to other types of economic offending.

:15:40. > :15:45.Thank you. In an increasingly globalised well international

:15:46. > :15:48.co-ordination is key to tackling often very sophisticated crime. Can

:15:49. > :15:53.the honourable jeman say what the Serious Fraud Office is doing to

:15:54. > :15:59.tackle these crimes domestically and overseas? The Serious Fraud Office

:16:00. > :16:02.does attempt to engage with counterparts abroad and a number of

:16:03. > :16:07.agencies in other countries to do its work. As my honourable friend

:16:08. > :16:12.may be aware a failure to prevent style offence is available in many

:16:13. > :16:15.other jurisdictions. That is one of reasons we believe it is worth

:16:16. > :16:18.considering here. Mr Speaker, the Attorney General knows that I have

:16:19. > :16:22.campaigned for much more vigorous action in this sector and I have

:16:23. > :16:25.called for proper resources to be given to people like the Serious

:16:26. > :16:30.Fraud Office because the Serious Fraud Office has become far too

:16:31. > :16:38.dependant on the big accountancy firms in this country. That is a

:16:39. > :16:43.road to ruin. I am aware of the honourable gentleman's campaigning

:16:44. > :16:49.record on this. Of course, as he knows the amount of money the

:16:50. > :16:54.Serious Fraud Office has received has increased. They have access to

:16:55. > :16:59.blockbuster funding for large and unexpected cases. But of course it

:17:00. > :17:02.is not just about money. It is also about the tools that the Serious

:17:03. > :17:06.Fraud Office and other investigators and prosecutors have at their

:17:07. > :17:11.disposal. That is why it is worth keeping this area under review, as

:17:12. > :17:15.we are doing. Can I caution for the offence of failing to prevent a

:17:16. > :17:19.crime committed by another was a very, very serious step in our legal

:17:20. > :17:23.system. It could affect many honourable members here in ordinary

:17:24. > :17:30.life if someone is shoplifting in a shop and they fail to prevent that

:17:31. > :17:34.person shoplifting then. Would that person be committing an offence?

:17:35. > :17:37.These are difficult. I urge caution. I am sure the honourable gentleman

:17:38. > :17:41.is right to urge caution. What we are proposing does not go as far as

:17:42. > :17:46.he's suggesting. The types of offences we are talking about are

:17:47. > :17:50.failures by corporate entities to prevent fraud, money laundering and

:17:51. > :17:54.the like. As he will know there are similar types of offences on the

:17:55. > :17:59.statute book in relation to bribery and will short I will be to tax

:18:00. > :18:03.evasion. This is an extension of a principal and it is designed of

:18:04. > :18:07.course to ensure that not just we are able to catch those in smaller

:18:08. > :18:10.businesses who are engaged in this type of behaviour but crucially of

:18:11. > :18:20.course in those in larger businesses too. Mr Speak Mr Speaker I consider

:18:21. > :18:25.that the best protection of fundamental rights in the UK is UK

:18:26. > :18:28.law. I am confident that the decision to leave the European Union

:18:29. > :18:31.will not result in any reduction from the protection of such rights

:18:32. > :18:36.in the United Kingdom. Thank you Mr Speaker. We have a Prime Minister

:18:37. > :18:40.who has advocated leaving the European Convention on Human Rights.

:18:41. > :18:44.Can the Attorney-General confirm whether this will be Government

:18:45. > :18:47.policy? As the honourable gentleman observes we have a new Prime

:18:48. > :18:50.Minister. We also have a new Secretary of State for justice. Both

:18:51. > :18:54.of them having been in office for only a little over a week. I am

:18:55. > :18:59.afraid he'll have to be a little more patient. Question number nine,

:19:00. > :19:02.Mr Speaker. With your permissionly answer this

:19:03. > :19:06.together with question ten. I discussed this matter regularly with

:19:07. > :19:11.the DPP and the Government will publish its hate crime strategy very

:19:12. > :19:16.shortly. Thank you very much Mr Speaker. I thank my Right Honourable

:19:17. > :19:22.friend for his answer. Given the terrible terrorist atrocities in

:19:23. > :19:25.Nice, Paris and recently Germany, many are fearful because of their

:19:26. > :19:29.religion or the colour of their skin they will be the subject of hate

:19:30. > :19:34.crime. What assurances can my Right Honourable friend give to those

:19:35. > :19:38.people that we will prosecute anyone involved in hate crime to the limit

:19:39. > :19:42.of the law? I am very grateful. I pay tribute to him for the community

:19:43. > :19:47.work he does in his own constituency. Hate crime of any

:19:48. > :19:51.kind, whether on the grounds of disability, race, religion, sexual

:19:52. > :19:56.orientation or transsexual identity has no place in our society. We are

:19:57. > :20:01.utterly committed to tackling hate crime.

:20:02. > :20:06.Thank you. A member of the other place received a vile racist letter

:20:07. > :20:10.containing white powder as did a number of mosques centres.

:20:11. > :20:14.Representing a large Pakistani community I know the long-term rise

:20:15. > :20:19.in Islamophobia is a serious concern. Will he condemn these

:20:20. > :20:24.racist indenses and advice whether he feels a separate recording of

:20:25. > :20:29.Islamophobia as a hate crime is likely to bring about successful

:20:30. > :20:32.prosecutes -- prosecutions. It means we must stand together against such

:20:33. > :20:36.hate crime and ensure it is stamped out. With regard to the separate

:20:37. > :20:40.recording of hate crime that is happening from April of this year.

:20:41. > :20:43.The request of the Prime Minister and her former role as Home

:20:44. > :20:49.Secretary. That will give us a greater understanding of the nature

:20:50. > :21:04.of hate crime. Reports of hated crimes rose by 57%

:21:05. > :21:07.following Brexit. Is the Solicitor-General satisfied that...

:21:08. > :21:13.I am grateful to the honourable lady. She is right to note that

:21:14. > :21:18.spike in incidents of hate that surrounded the referendum and the

:21:19. > :21:22.weeks around it. Can I reassure here the Crown Prosecution Service

:21:23. > :21:25.remains committed to prosecuting all types of crime which have no place

:21:26. > :21:29.in our society. Thank yousmt three weeks ago, I asked the former Prime

:21:30. > :21:35.Minister and he agreed to look into setting up a cross party commission

:21:36. > :21:38.on hate crime following a sharp increase as yesterday's statistics

:21:39. > :21:43.revealed. Can he assure the House this is and will be achieved address

:21:44. > :21:47.a priority? Will the Attorney-General offer support to

:21:48. > :21:53.the cross party initiative to tackle these terrible acts? Can I pay

:21:54. > :21:57.tribute to the honourable lady who speaks withlelow gens on these

:21:58. > :22:03.issues. I give her my full support in regards to the cross party

:22:04. > :22:07.initiative in West Yorkshire. It is up to all of us to come together to

:22:08. > :22:11.tackle this. We know what it can lead to and therefore we have to

:22:12. > :22:16.stamp it out before it becomes something even more vile.

:22:17. > :22:20.THE SPEAKER: Questions to the minutester for women and equal --

:22:21. > :22:23.Minister for Women and equalities. Thank you, Mr Speaker. I am proud

:22:24. > :22:39.of... Number one. Thank you, Mr Speaker. As the House

:22:40. > :22:46.has just been discussing hate crime of any kind, including that targeted

:22:47. > :22:52.at communities has no place in our society. I am sure I speak for the

:22:53. > :22:56.whole House when I say how appalled I am. The Government is monitoring

:22:57. > :23:00.this situation, working across Government departments and also with

:23:01. > :23:04.the police, the Crown Prosecution Service and community partners too

:23:05. > :23:08.to provide reassurance and to send out a clear message that hate crime

:23:09. > :23:10.will not be tolerated and we will take action against those who

:23:11. > :23:15.promote hatred.