Sir Jeremy Wright
MP for Kenilworth and Southam · Conservative · United Kingdom
“I applaud my right hon. Friend’s passion and clarity on this issue. On the subject of democratic accountability, he knows that if, as the hon.”
“I welcome the intent that the Secretary of State has set out this afternoon, and the urgency with which she will require the relevant companies to act.”
“The Electoral Commission has made no formal assessment of this. It would be a matter for Parliament to introduce such legal protections. It is prescribed in law that poll cards and ballot papers must be provided in English or Welsh, but there are no other prescribed language requirements relating to election materials.”
“We can all cynically speculate about the reasons why this sudden about-turn has taken place this week, but, as my hon. Friend the Member for West Suffolk (Nick Timothy), who spoke from the Front Bench, said earlier, it is our job to scrutinise this legislation and to ensure that whatever we put in place does justice to the determination o…”
“In today’s version of the amendment paper, for the first time, that amendment has disappeared and been replaced not with the detailed compromise that Intelligence and Security Committee members, who have been engaged with this process, have been working towards, along with many others, but with Government amendment 157.”
“As the House would expect, we engaged with that process as diligently as we could, with no partisan politics, in an effort to make good law in the pursuit of greater state transparency while preserving our national security equities. As the hon.”
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“The hon. Lady will understand that I cannot comment on particular prosecution decisions, but she will know that in my last job and this one I have made my views plain: I think it is important that where there is evidence Crown prosecutors prosecute in cases where prison officers are assaulted. Such assaults should never happen, of course, but we have tightened the protocols to make it clear that where they do so and evidence is present Crown prosecutors should proceed against those who assault prison officers, because those who work in our prison system are entitled to the full support of the law in what they do.”
“I agree with my right hon. Friend. I restate the point that, as he and the House understand, it is not for politicians to make decisions on individual prosecutions, but it is important that we send the clearest guidance we can to Crown prosecutors about when prosecution should follow. It is important, too, that sentencers make full use of the sentencing guidelines in this respect. The sentencing guidelines are clear that where an offence is committed by a serving prisoner, the sentence that follows, if a conviction occurs, should be consecutive and not concurrent. It is important that prosecutors do their bit to make that clear too.”
“I certainly agree that it is important that where public servants are assaulted their public service is taken fully into account not just by prosecutors but by sentencers. The hon. Lady will be aware that assaulting someone while they are serving the public is an aggravating feature for sentencers to take into account. That is as it should be. However, we will continue to consider whether the law needs to be strengthened. She will know that many people, in this Government and the previous Government, have considered whether a specific offence should be created for assaults on those serving the public.”
“In all cases referred for a charging decision, the CPS should use whichever offence, including treason, is appropriate to the facts of the case. However, modern criminal offences, including terrorism offences, usually offer a better chance of a successful conviction than would a prosecution for treason.”
“I have a good deal of sympathy with what my hon. Friend says. The point I would make is a purely practical one. I think it important that treason remains available to prosecutors in appropriate cases and I wish to see that continue, but I also think it important to recognise that there are specific practical difficulties in the prosecution of treason—whether it be the establishing of the direct or constructive levying of a war under one limb of the offence or indeed defining the sovereign’s enemies under the other. It is important that we prosecute effectively.”
“I regularly meet the Director of Public Prosecutions to discuss matters affecting the CPS, as my hon. Friend might expect. We discussed the Home Office’s consultation paper on limiting police pre-charge bail before it was published, and I expect the CPS to contribute to that consultation.”
“I do not think that oppressive treatment is consistent with the spirit of Magna Carta. In this of all years, we should consider very carefully what my hon. Friend has said, and I think that that is why the Home Secretary initiated the consultation. We need to consider all aspects of this matter. It is right to balance against the important points that my hon. Friend has made the need to ensure that, in complex cases, investigation is given its proper time, and that victims and witnesses are protected, as they can be, by conditions attached to pre-charge bail. However, he is right in what he says, which is why we are considering the issue.”
“I cannot answer that question off the top of my head, but I will of course write to the hon. Gentleman, and I agree with him. We need to consider this issue carefully, and to ensure that in the generality of cases there is a clear expectation of a maximum length of time that people should spend on pre-charge bail before minds are made up about what to do in such cases. That is what the consultation is about, and I hope that the hon. Gentleman and others will contribute to it.”
“I have regular discussions with ministerial colleagues on a range of matters, including the effectiveness of the unduly lenient sentence scheme. In the year to 30 October, the Law Officers considered 362 cases under the scheme and referred 100 offenders to the Court of Appeal. Some 69% of those offenders then had their sentences increased by the court for some of the most serious violent and sexual offences, including murder, rape and sexual assault.”
“Of course, this is a remedy for those exceptional cases where the judiciary pass what are considered by the Court of Appeal to be unduly lenient sentences, and I think it is right that we have that mechanism available to us. I believe that the judiciary generally get it right, but that when they do get it wrong it is important to have a mechanism to correct things.”
“Yes, I can give the right hon. Gentleman that assurance. As he says, it is important that people affected by offences of this kind have an opportunity to invite the Law Officers to consider the matter. As he will know, not every offence is currently included in the scheme and not every case that is referred to the Law Officers will subsequently be referred to the Court of Appeal, but I think it important that those people have an opportunity to raise their concerns, and that others who have no connection with the case have that opportunity as well. I emphasise again that only in exceptional cases will the matter be taken further.”
“I commend my hon. Friend not just for raising that case today, but for communicating with me about it more than once. He feels very strongly about it, and I understand why: it is clearly a very terrible case. At present, as he will know, the balance is struck between a manageable system that enables us to pass truly exceptional cases to the Court of Appeal and ensuring that people have an opportunity to raise their concerns. I can tell him, however, that I am looking at the unduly lenient sentence scheme again to ensure that its scope is appropriate and that it is coherent and sustainable, and I will take careful note of what he and others have said as I do so.”
“That is certainly one of the criteria that are considered, but it is not the only one. Most consideration concerns whether the judge applied the information that was available to the sentencing judge appropriately in determining whether a sentence was unduly lenient. The issue of the time limit for making a reference under the scheme is a vexed one, and I know that my hon. Friend has raised it before. I think it is important for there to be certainty and a fixed end point, and for defendants to understand clearly that after a fixed period they will know what sentences they will be serving. For that reason, I am not currently minded to extend the time limit, although, as I have said to my hon. Friend, I am considering other aspects of the scheme very carefully.”
“The Crown Prosecution Service prosecutes child abuse cases robustly. In 2013-14, the number of child abuse prosecutions rose by 440 to 7,998 and the conviction rate rose to 76.2%—the highest ever, and a reflection of the close co-operation between the police and the CPS.”
“Yes, I have seen the report by the hon. Member for Stockport and I agree that it is an impressive and particularly striking piece of work. I hope the hon. Member for Bristol East (Kerry McCarthy) will be relieved to know that updated guidance for Crown prosecutors on this type of offence is already available and makes precisely the point to which she refers. A number of myths need to be addressed, and not only in the minds of prosecutors; there needs to be communication with courts and juries to make sure that some expectations that some jurors and some prosecutors have of how victims of this type of offending ought to behave are challenged and dealt with. That guidance is in a much better place now, and the CPS is serious about it.”
“Yes, the hon. Lady is certainly right about the last point she makes, and it is important that everybody keeps that in mind in these cases. As she will understand, I do not take responsibility directly for what the police do, but it is important that Crown prosecutors have the earliest possible interaction with investigators to make sure these cases develop in the right way. Again, that forms part of the updated guidance and we are keen to see that it happens. In addition, it is important that we have specialist prosecutors who understand these cases well. The CPS is now taking that approach and it is a positive move forward, which will mean that these cases are prosecuted in the most effective way.”
“Yes, and clearly this matter is of great concern. The hon. Lady will understand that that report was commissioned by my right hon. Friend the Home Secretary, who I know will wish to take up some of its recommendations very clearly, and I will certainly discuss with her what more the CPS can do to assist. The hon. Lady will also understand that, notwithstanding the point I made to the hon. Member for Warrington North (Helen Jones) about the need for Crown prosecutors to be engaged at an early stage, these prosecutors cannot be engaged right from the outset. It is important that once they are, they engage properly and prosecute these cases effectively.”
“Let me be as brief as I can, Mr Speaker. I understand that the only way of prosecuting this man was via a court martial, because the offences took place before the law had changed to allow for the prosecution of this type of offence in a civilian court in this country. So if a British court was to take it, it had to be a military court. It was a good example of the effective prosecution of historical abuse claims.”
“Yes, I hope there is. First, I should say it is right that the defence case is put to prosecution witnesses and to complainants, and that will often be a difficult experience. However, aggressive cross-examination is not necessarily the same as effective cross-examination, and it is important that defence advocates as well as prosecution advocates understand that clearly. I know that the Lord Chancellor is interested in talking to the legal professions about the best way to ensure the necessary training is delivered, and, as I have said, as far as prosecutors are concerned that is already being done.”
“My view is that the Crown Prosecution Service should pursue cases where the evidence exists to wherever the evidence leads regardless of the position held by the person being investigated. If evidence is brought to light to justify such an investigation, I would expect it to be carried out.”
“The Crown Prosecution Service works closely with the police and voluntary sector to ensure that vulnerable victims and witnesses in cases of sexual abuse and domestic violence are well supported. Special measures such as intermediaries, screens and live video links are used to help them give their best evidence in court. Additional support is also available for victims from independent sexual violence advisers and domestic violence advisers who guide them through the criminal justice process.”
“My hon. Friend makes a good point. It is important that those services are co-ordinated, and that victims of such offences are taken seriously from the outset, that they are listened to and that they are supported throughout the process, so I take what he says seriously. If he can supply me with details of the cases, I will certainly investigate and see what may have gone wrong.”
“I certainly join my hon. Friend in congratulating those who are involved in the work in his constituency. He is right that the voluntary sector has a huge part to play. He will know that the key concern of many who work in this sector is not just the existence of funding but the continuity of funding, which is why we have been keen to give some security to this sector with £40 million of funding for domestic violence more generally over the course of this Government.”
“I am grateful to the right hon. Gentleman for his question. He will understand that, because some of these investigations are ongoing, there is a limit to what I can say about them, but he is right that it is important in cases such as what may have gone on in Rotherham that we take seriously victims of abuse and that we support them throughout the process. He can be assured that we keep a very close eye on these particular prosecutions as they develop and will do everything we can to ensure that they are conducted properly.”
“As the hon. Gentleman may anticipate, I will have to write to him with the figure but I can tell him that we consider the protocol to be very useful. I shall add one of the things that he did not mention to the list of those measures that are important in these cases: to ensure that prosecutors are properly trained and experienced to conduct these kinds of cases. That is precisely why, as he knows, we now have a pool of specialist prosecutors for rape cases and for child sexual abuse cases to ensure that that happens.”
“As I suspect the hon. Lady knows, not all of the victims’ budgets are devolved to PCCs, but for that part that is, we need to trust those who are locally elected to understand clearly that the needs of victims must be pre-eminent within the criminal justice system. I think that police and crime commissioners, from whatever party, generally speaking do understand that. I am sure that she will have productive conversations with her own PCC to make sure that that is the case.”
“I discuss with the Director of Public Prosecutions and the director of the Serious Fraud Office the effective prosecution of fraud and financial crime. Both the Crown Prosecution Service specialist fraud division and the SFO have conviction rates of around 85% for 2013-14. This month the first plea of guilty has been entered in the LIBOR case. In the first six months of this year the SFO obtained financial orders worth over £23 million in total and it has successfully recovered around £9 million in confiscation orders from serious criminals.”
“It is certainly worth considering whether we can do better in overcoming the gap in the law as it relates to finding those within the corporate world who are responsible for what are very serious crimes. The appropriate approach to politics is to take ideas from wherever they come and consider them carefully, which is exactly what the Government will do. When we are in a position to bring forward proposals, we will do so.”
“My hon. and learned Friend is a distinguished former Law Officer and played a significant part in bringing forward deferred prosecution agreements. He should be proud of what he did in that regard. So far as the future of the SFO is concerned, I take the view that the Roskill model on which it is based, which combines lawyers, investigators and experts of other kinds into specific teams to deal with what are very complex and difficult investigations and prosecutions, is the right model. As I have said, it is achieving some creditable results. Although I do not set my face against any change in the future, I do think it is worth preserving that model. I know that the Solicitor-General and I will wish to make that argument very strongly.”
“The hon. Gentleman may know that the funding model for the Serious Fraud Office is very unusual. It receives core funding, but it is recognised, not least by the Treasury, that there are a number of cases that, because of their nature and scale, require additional funding. That is standard practice for the SFO in terms of its funding. It received a large extra amount of money to deal with those so-called blockbuster cases last year and that will no doubt be the case this year. When we are in a position to set out figures for this year, we will do so, but it is in no way unusual that that should happen and it is a sensible model for what is effectively a demand-led organisation.”
“My hon. Friend will appreciate that corruption cases might be prosecuted by the Serious Fraud Office or, on a lower scale, by other bodies. We seek to present the evidence to the Crown Prosecution Service, if that is the appropriate body, and for it to consider in accordance with the usual test whether the evidence is there and the public interest is met for pursuing a prosecution. He will understand and know clearly that the Government’s commitment to dealing with corruption at every level is very strong, and that commitment will continue.”
“Yes, of course. As the hon. Gentleman knows, the National Crime Agency’s writ does not run to Northern Ireland, but he is right that we need to work closely with the agencies that do work in Northern Ireland to ensure that we do the best we can to recover these assets. We will continue to work closely with the Northern Ireland Executive to ensure that that continues to happen.”
“The Serious Fraud Office certainly works very closely with the National Crime Agency on its case load, but it is also important that we recognise what has happened within the CPS with the creation of a specialist fraud directorate, which tries to bring together some of the prosecutors, not least those from other Departments, such as the Department for Environment, Food and Rural Affairs and the Department for Work and Pensions, to ensure that we have the necessary expertise to pursue fraud wherever it is found. We will continue to do that, because it is important that we recover these assets and that we prosecute those responsible for fraud, which in many cases is effectively fraud on the taxpayer.”
“It would be foolish for any Minister within any Government to set their face entirely against any change that might produce a better outcome and, conceivably, a better deal for the taxpayer, but I think it is important to defend that model and she has my absolute assurance that I will continue to do so.”
“I am grateful—I think—for the hon. Lady’s welcome. May I reassure her that this Government fully understand their legal obligations, both national and international, and that they will continue to do so for as long as I am Attorney-General? As for the Serious Fraud Office, let me repeat what I said to my hon. and learned Friend the Member for Harborough (Sir Edward Garnier). It is crucial that we maintain, as she says, the unique model of combining investigators, lawyers and other experts in specific teams to address very complex and difficult cases. That is a model well worth defending.”
“The Criminal Justice and Courts Bill, which is currently being considered in another place, will make it a criminal offence for jurors to engage in conduct which is currently a contempt of court. By making juror misconduct a criminal offence, it will reinforce the message that such behaviour is unacceptable and threatens trial by jury.”
“At present it is for the Attorney-General to prosecute cases of contempt of court in these instances, and there have been five prosecutions of jurors since 2010. It is not that we anticipate a large number of additional prosecutions as a result of this change, but rather that we want the message to be very clear to jurors that there are consequences should they decide not to abide by their oath, and that there is wider damage that may accrue to the concept of trial by jury if jurors do not abide by their oath. That is what we seek to achieve.”
“I think my hon. Friend is referring to an emerging difficulty that we face: not only do we wish jurors to abide by their oath—the oath is very clear, and they should be fully cognisant of what it requires of them—but we need to address the fact that in the age of social media, people can get themselves into trouble without realising it. That is why, beyond even jurors, we have tried to set out clearly in the social media arena what contempt of court might involve so that people can avoid it. We have sent out on social media clear messages, I hope, as to what should be avoided, and we will continue to look for ways to do that.”
“I agree entirely that we should pay tribute to all those who engage in jury service. The hon. Gentleman is right that it is a tiny minority of those jurors who cause any difficulty at all, and it is also right, as he says, that we should treat those jurors as well as we can. Having practised in the criminal courts, I know that there has long been an issue with jurors being kept hanging around and not given clear information as to what is going to happen next. Some of that, as he will appreciate, is a simple function of the uncertainties that criminal trials bring about, but I will certainly speak to my right hon. Friend the Justice Secretary about how we can do better for jurors. The hon. Gentleman is right—they deserve the best treatment we can give them.”
“As my hon. Friend knows, the Parole Board is independent of Government, but in all cases where the board has the power to direct release it issues guidance to its members on the range of factors to be taken into account in making an assessment of risk.”
“I understand entirely my hon. Friend’s concerns about the case, and my sympathy and, I know, hers goes to the victim of Keith Williams who is her constituent. I understand the position in this case to be that a mistake was made in the first instance by those within the Ministry of Justice, for which I apologise, regarding the disclosure of the victim impact statement to the defendant and his solicitors; but the second time the matter was considered by the Parole Board, the board received different information, including a psychological report it had not seen before. My hon. Friend will understand that, because the board is independent and reaches its own conclusions, I cannot undo what it has decided. What I will do is make sure that the maximum reassurance over the licence conditions that were imposed is provided to her constituent.”
“As of today, there are 85,542 prisoners in England and Wales, and capacity for 86,489, providing headroom of 947 spaces. We are changing the role of prisons that we do not need for their original purpose, bringing back into use capacity we did not need in the past, and building new accommodation at four existing prisons. As a result, 2,000 additional places will have been opened by April 2015, and we will have more adult male prison places at the end of this Parliament than we inherited. In the next Parliament, we will open a new prison in Wrexham, providing a further 2,000 places.”
“I entirely understand my hon. Friend’s concern. Of course, from what he says, the individual in question was sentenced for manslaughter. That would be a determinate sentence. The courts will decide how long the sentence should be, and the release date comes automatically, as the law stands. He will know that this Government have legislated for extended determinate sentences, where people can spend the entirety of their sentence in custody. He will also know that we are keen to reduce the incidence of automatic early release. We have already done so for very serious violent offences—for child sex offenders, for instance—but we are keen to go further.”
“The hon. Gentleman needs to look carefully at the figures. He is right that there have been significant increases in the number of times that help has been asked for in prisons, but the majority of those incidents are not serious. When the Tornado team is called out to serious incidents, that too is registered. That is at half the level it was in 2007 when his party was in power.”
“My hon. Friend is right about that. That is why we are pursuing a model of resettlement prisons so that in the closing months of the custodial part of a prisoner’s sentence, which is when resettlement is uppermost in their mind, they are in a prison close to the area into which they will be released. That is a fundamental part of the reforms we are introducing to ensure that people have the support and supervision they ought to have when they go through the prison gate and into the community so that we can reduce reoffending.”
“We always try to provide the right number of prison officers at any given moment, and we are going through a process of what is called benchmarking to ensure that we have the right number to deliver the regime we need. It is true, of course, that there is a short-term problem following an increase in the prison population that nobody saw coming, including the hon. Gentleman and his colleagues. We are dealing with that problem by seeking to recruit prison officers who have recently left the service. That is the responsible thing to do, and we will carry on doing the responsible thing.”
“I will deal with my hon. Friend’s second point first. The answer is yes; that will not happen again. We have looked very carefully at that incident to ensure that there are no so-called health and safety policies that encourage such behaviour. As he knows, I made my views about it quite clear last week. On his first point, every incident of absconding is troubling and we need to crack down on it. That is why we are increasing the penalties for those who abscond and ensuring that only the right people find themselves in open conditions in the first place. He might be reassured to know that the level of absconding is 80% lower than it was under the previous Labour Government.”
“Let me try to help the right hon. Gentleman with some facts. First, we certainly are asking private sector prisons to take some additional places. That is part of a contractual arrangement that is very similar to the one that was in place under his Government, which is perfectly standard business. Secondly, we are asking some prisons to take additional prisoners and asking some prisoners to share cells, which we do not think is unreasonable, in order to deal with the short-term spike that nobody anticipated. I suggest that the wrong thing would be to do as his Government did, which was to run out of prison places, then run out of police cell places, let thousands of people out early and then deal with the consequences. That is not a path we intend to take.”
“I do understand that, and of course it is important that we stand behind the principle of open prisons assisting in the rehabilitation of prisoners and making it less risky for the public when they are finally released, but my hon. Friend is right that only the right people should be in open prisons. We are tightening up the rules on how people move through the system into open prisons. We are sending the clearest possible message that prisoners who abscond from their sentence and abuse the trust they were given in an open prison will not get a second chance.”
“We are working hard to negotiate compulsory prisoner transfer arrangements with high-volume countries and have recently signed agreements with Albania and Nigeria and a memorandum of understanding with Somaliland. Progress in transferring prisoners under the European Union prisoner transfer agreement is slower than I would like but we are starting to see the number of transfers increase as more countries implement the agreement. All foreign national offenders sentenced to custody are referred to the Home Office for it to consider deportation at the earliest possible opportunity.”