HC Deb 23 May 2000 vol 350 cc880-7

Order for Second Reading read.

4.30 pm
The Solicitor-General (Mr. Ross Cranston)

I beg to move, That the Bill be now read a Second time.

This is a concise but important measure. Its purpose can be summarised shortly: it places the Crown Prosecution Service inspectorate on a statutory basis. I am pleased to say that, so far, it has received a warm welcome from both sides of the House.

The CPS inspectorate is a non-statutory body, operating within the CPS itself. The current chief inspector and his staff are all members of, or on loan to, the Crown Prosecution Service. They therefore report to the Director of Public Prosecutions. Although the inspectorate has produced valuable work since its inception in 1996 under the previous Government, there is no doubt that the current arrangements are not ideal. It is important that an inspectorate should he not only independent in practice but demonstrably independent. The current arrangements do not necessarily achieve that purpose, which is why we are introducing this Bill.

The Government attach considerable importance to having an effective and efficient CPS. We believe that an important part of building a credible organisation is ensuring that it is subject to rigorous inspection. The Glidewell report into the future of the CPS, published in 1998, reached the firm conclusion that it is essential to retain and expand the role of the CPS inspectorate. It said that public confidence in any organisation is greatly enhanced if it has an efficient and effective inspectorate system, advising those at the top of the organisation as to its corporate health and publishing the results of its work.

Glidewell recommended introducing an independent element to the inspectorate in the form of a part-time independent chairman. I am pleased to say that, in this respect, the Bill goes further than the Glidewell recommendation. The independent chief inspector will occupy a full-time post.

The Bill will guarantee that the inspectorate enjoys the same independence and status as other criminal justice inspectorates, such as the inspectorate of prisons and the inspectorate of probation. Importantly, the inspectorate will be separated from the CPS. It will be financed separately and located in separate accommodation. The chief inspector will be appointed by the Attorney-General, who will have the authority to appoint other inspectors. That is the effect of clause 1.

I intend no disrespect to existing members of the inspectorate, whose work was praised in the Glidewell report, when I say that that change of status will also provide an opportunity to bring into the inspectorate additional staff with a wider range of backgrounds. In other words, there will be staff members whose background and experience are quite distinct from the CPS. A number of outside people have already been appointed as business management inspectors and legal inspectors. They will bring fresh ideas and a different perspective to supplement the existing expertise in the inspectorate. The chief inspector will acquire management responsibility for the inspectorate, again separate from the CPS.

The chief inspector's overriding responsibility will be to inspect the operation of the CPS. That duty is cast in wide terms in clause 2. The clause is drafted to ensure that the chief inspector has independence. He can inspect and report on any matter connected with the operation of the CPS that concerns him. However, the Attorney-General may refer matters to the chief inspector to report on. The chief inspector is thus responsible to the Attorney-General and, ultimately, to Parliament. The chief inspector will have to submit an annual report to the Attorney-General, who is then under a duty to lay that report before Parliament.

A further change to the inspectorate since the Glidewell report is that it now no longer concentrates exclusively on matters of case work. In accordance with the report's recommendations, its remit has been broadened to include all aspects of the CPS operation that support its case work. Inspectorate reports will continue to concentrate on case work, but will also provide a complete overview of CPS performance in the area inspected, including management and operational issues.

The CPS inspectorate will also undertake more inspection work of a thematic nature. It recently published a report on disclosure of unused material, which attracted wide attention. In February, it published a report on advocacy and case presentation. Although that did not attract the same attention, it was important.

Preparation of such thematic reports will continue once the inspectorate is placed on a statutory footing. The chief inspector also proposes that more work should be undertaken with other criminal justice inspectorates. Some such work has been undertaken, such as the joint report by the CPS inspectorate, the magistrates courts service inspectorate and the inspectorate of constabularies, "How Long Youth Cases Take". More recently, the first joint inspection by all six inspectorates with an interest in the criminal justice system has been completed. Their report—"Casework Information Needs Within The Criminal Justice System"—was published at the end of April.

Such joint scrutiny of aspects of the working of the criminal justice system supports the Government's establishment of overarching aims and objectives for the criminal justice system. We are determined that individual agencies should provide a more coherent and effective service without compromising their individual, and sometimes independent, roles.

Clause 2 allows the chief inspector to designate an inspector to discharge his functions when he is absent or unable to act. Clause 3 simply sets out the short title, extent and commencement arrangements.

This is a short, but important, measure. It has obviously gripped the attention of the whole House. I am convinced that it will make a significant contribution to the effective operation of the criminal justice system.

4.37 pm
Mr. Edward Garnier (Harborough)

As the Solicitor-General correctly said, he and I have managed to attract our usual adoring fan clubs to the House this afternoon. I am grateful to those who have come to see us.

The Bill has been described as modest, short and uncontroversial. In some quarters, those epithets might lead people to think less of it, but, despite, or even because of, its brevity, narrow compass and inoffensiveness, it should command the support of the House.

It is perhaps surprising that the Bill has taken so long to get here from the other place. Second Reading in the Lords took place on 30 November last year, when the Attorney-General stated with pride that it was only the second piece of legislation promoted by a Law Officer in 50 years. The first had been a Bill to increase the salary of the then Solicitor-General, the noble and learned Lord Falconer of Thoroton, and any other Law Officer who was a member of the other place rather than this House. Lord Williams of Mostyn said that that was plainly a piece of legislation of the utmost importance—[Official Report, House of Lords, 30 November 1999; Vol. 99, c. 761.] Now the Solicitor-General has introduced the second Bill to this House, and the beguiling tones of the Wales and Chester circuit have been replaced by something a little more antipodean. As the House will know, Australia House is just across the street from the London School of Economics.

The Bill itself is none the worse for that. I congratulate the Solicitor-General on bringing to the statute book an idea whose genesis is to be found in the period of office of my right hon. and learned Friend the Member for North-East Bedfordshire (Sir N. Lyell). When he was Attorney-General, the Conservative Government decided that an inspectorate of the Crown Prosecution Service was needed, and there has been a non-statutory inspectorate within the CPS since 1996. Had we been successful at the general election, the Bill, or something very similar, would have been introduced by my right hon. and learned Friend.

It is fair to say that the idea behind the Bill was given further impetus by the Glidewell report on the Crown Prosecution Service, which was published in 1998. As the Solicitor-General told us, once the Bill is enacted the inspectorate will have a status equal to the other statutory inspectorates with which we are already familiar—such as those for prisons, the probation service, magistrates courts and the constabulary. They have proved to be powerful and useful additions to the armoury for public accountability of the public services; I welcome the Bill on that ground alone.

In clause 2, the chief inspector's functions are spelt out in a general fashion. Having been to see the current chief inspector, Mr. Stephen Wooler, in his offices in Ludgate Hill in the City earlier this year, I have no doubt that both he and his staff will carry out their duties well and with great thoroughness and independence. They have already built up an ethos that suggests that they take seriously their responsibilities to the public and to the CPS. They will look into specific issues referred to them by the Attorney-General and they will also, I understand, prepare thematic reports that will flow from longer and more detailed inspections of particular aspects of the work of the CPS—such as prosecution policy in respect of certain types of crime or the use of resources in a particular field of CPS work.

However, may I suggest that one of the first things the statutory inspectorate considers is the current state of morale among CPS staff—lawyers and non-lawyers alike? Is the Solicitor-General aware that, according to a survey carried out by the Association of First Division Civil Servants, the levels of stress-related illnesses among the CPS work force are so high that the association described the CPS as being on the brink of crisis? One in four of its 9,000 staff suffer high levels of stress. The proportion of lawyers and administrative staff shown to be affected is greater than in similar findings anywhere in the private or public sector. That comes from a survey that had a 65 per cent. response rate—a remarkable statistic in itself.

The Government propose to cut the CPS budget by almost 5 per cent. next year. I am as keen to see the proper use of taxpayers' money as any Member of the official Opposition, but there are ways and ways of ensuring that the public receive good value for money. The Labour Government's approach to the finances of the CPS appears to be unintelligent, and calculated to have an even more depressing effect on the performance and morale of its staff.

The present Director of Public Prosecutions is an extremely able and justifiably respected criminal lawyer of the first rank. He has not been afraid to appear in cases in the magistrates courts to see for himself the work of his most junior lawyers. From my visits to CPS offices, both as a constituency Member of Parliament and as the shadow Attorney-General, I am aware of the stresses and difficulties faced by the CPS; they need to be addressed speedily and effectively by the Government.

As a recorder of the Crown court, I see the results when ill-prepared cases come to court—the avoidable delays and frustrations for witnesses and other court users, and the general air of hopelessness that often seems to pervade junior and middle-ranking CPS lawyers, who are overworked and under-resourced.

It is incumbent on the Government to get a grip on aspects of our criminal justice system where they can do some real good—as with this Bill—rather than wasting time, money, energy and the good will of the legal profession, and of many others who care for the rights of the citizen, on destroying the jury system by means of the Criminal Justice (Mode of Trial) (No. 2) Bill. I urge the Government to use the Bill for the benefit of the CPS certainly, but, above all, for the benefit of the public by whose interests they ought to be guided.

4.43 pm
Mr. John Burnett (Torridge and West Devon)

If the Bill results in the creation of an independent and autonomous inspectorate, it cannot come into force too soon. I shall refer later to such matters as independence and annual reports, but I must first express my great concern about the state of morale in the Crown Prosecution Service. I endorse wholeheartedly the comments of the hon. and learned Member for Harborough (Mr. Garnier). I, too, pay tribute to the Director of Public Prosecutions. His integrity and independence are not in question.

My awareness of the state of morale in the CPS does not come only from recent newspaper reports; it also results from my discussions with members of the service. Because of their fear of recrimination, I cannot disclose their names to the House; indeed, I have given my word that I shall not do so.

The hon. and learned Member for Harborough referred to a recent independent report. On 20 May, The Times carried an article with the headline "Stressed CPS—Staff Close to Crisis". It stated that, according to the survey published the previous day, the CPS was on the brink of crisis, with one in four of its 9,000 staff suffering high stress levels. The survey had a response rate of 65 per cent., and was carried out last year by an independent organisation. I gather that it was commissioned after a female member of the CPS sadly committed suicide, allegedly because of the stress of work.

The First Division Association is using the survey in an attempt to reverse a 4.6 per cent. cut in the budget for next year. That information is in the public domain, but members of the Crown Prosecution Service have told me directly that there are reasons other than funding for the rock-bottom morale in the service. They say that they lack the most basic resources and equipment for the job.

The House will be amazed to hear that the 10 Crown prosecutors in one team, many of whom deal with road traffic matters, have one textbook to share between them. The support given to the CPS is negligible. I am told that there is also a lack of computer and secretarial back-up. It is very difficult for Crown prosecutors to get up-to-date information on any law. There is no link to Lexis or to any other computer-based information service.

It is a disgrace that the Government should fetter and hamper their prosecution service so dreadfully. It is no wonder that the record of the CPS is criticised so frequently. The service has many very able people, who are dedicated to doing their jobs as fairly and efficiently as they can. How can they achieve that with both hands tied behind their backs?

It makes a mockery of our criminal justice system if the state is not able properly to mount a prosecution. There has been a lot of talk recently about new offences such as corporate manslaughter, but it is useless if there is no confidence that the Crown can mount a compelling prosecution in the first place.

I am told that in the west country, the CPS cannot keep up with its commitments in the magistrates courts, let alone in the higher courts. The House will recall that the Access to Justice Act 1999 gave properly qualified members of the CPS rights of audience in the higher courts. Liberal Democrat Members supported that provision, but I remind the Solicitor—General that the Act made it clear to all lawyers that their first duties are to the court and to the integrity of justice. Many CPS members believe that the underfunding and underresourcing that I have described have put them in breach of the relevant section of the 1999 Act. I understand that, this year, the CPS in Devon and Cornwall must make good a budget shortfall of some 8 per cent.

I hope that the Solicitor-General has something to say to the House on the matters of funding and morale, as the current state of affairs is utterly unacceptable. It makes a mockery of any attempt by the Government to deal adequately with their responsibilities for the criminal justice system. We want the Bill to establish a scrupulously independent and autonomous inspectorate. It must report annually to Parliament. Its chief inspector must come before the appropriate Select Committee after the annual report has been published, and at any other time that the Select Committee may determine.

There should be no inhibition or strictures on any CPS employee contacting the inspectorate at any time to make known the misgivings that he or she may have about the service. Those misgivings do not necessarily have to involve matters of funding or resources; the employees should be able to raise other matters and, most important, to refer to any endeavour by any person to exert undue influence on a Crown prosecutor.

I remind the House that one of the conclusions of the Glidewell report was that it was essential to expand the role of the Crown Prosecution Service Inspectorate and that the inspectorate should have an independent chairman. I welcome the fact that there will be an independent chairman and I welcome the Bill. However, I hope that the Solicitor—General can assure the House that members of the CPS will be free to make complaints to the inspectorate without recriminations. Furthermore, I look forward to hearing from the Solicitor-General that the chairman will be independent and autonomous and will report to a Committee of the House at any time that that Committee should determine.

4.51 pm
The Solicitor-General

With the leave of the House, Mr. Deputy Speaker.

I am grateful for the warm welcome that has been given to the Bill. I thank the shadow Attorney-General, the hon. and learned Member for Harborough (Mr. Garnier), and the hon. Member for Torridge and West Devon (Mr. Burnett) for their support for the principles behind it.

I shall deal briefly with a few points that have been raised in the debate. The shadow Attorney-General said that he had visited the Crown Prosecution Service Inspectorate and I am grateful that he did. I am sure that the visit gave him a greater insight into its operation. He mentioned thematic reports, which the Attorney-General and I have encouraged the inspectorate to carry out. At present, the inspectorate is undertaking reports on the handling of ethnic minority issues, custody time limits and offences arising out of fatal road accidents. I know that they are three issues of concern to both sides of the House.

The shadow Attorney-General and the hon. Member for Torridge and West Devon referred to the recent stress survey. The Government should be commended for undertaking that survey, which produced results that were not exactly unexpected. Prosecutors work under great time constraints, there is a problem of funding—I shall come to that point shortly—and, at present, there is a lack of sufficient information technology facilities in the service. None the less, the report identified the strength of the CPS; the nature, diversity and importance of the work that prosecutors and the non-lawyers in the service carry out and which is appreciated; and the good terms and conditions that they enjoy as part of the civil service.

Let me make it clear that funding is an historic problem. It harks back to the founding of the CPS and the Conservative party cannot avoid responsibility for that. The CPS was underfunded from the outset and it is only now that the position is being redressed.

Mr. Garnier

The Solicitor-General says that the CPS has been underfunded historically, but why are the Government cutting its budget for next year?

The Solicitor-General

I was just about to say that the Attorney-General is making great efforts in putting the case to the Treasury for an increase in funding for the CPS. That case has been supported by the Lord Chancellor and by my right hon. Friend the Home Secretary, who both understand that an effective CPS is necessary if other parts of the criminal justice system are to work. At present, I cannot tell the House the outcome of those negotiations, but I am optimistic that there will be good news in the near future.

Mr. Burnett

Are financial deficiencies carried forward from previous years included in the discussions and representations of the Home Secretary and the Chancellor?

The Solicitor-General

As I said, the problem is historic. The previous Government underfunded the CPS and we have a lot to make up. The hon. Gentleman mentioned information technology, which is one area in which we have made progress. As I have told the House before, we successfully obtained an extra £12 million in the capital modernisation programme and, as a result, the Connect programme will be implemented later this year. It will provide all prosecutors with basic information technology, and will enable the CPS to access databases and send e-mails via the internet to other criminal justice agencies.

Mr. Burnett

Will the computer technology that is being funded and installed include Lexis or some other legal information and case law network accessible to Crown prosecutors, enabling them to know the up-to-date law to which they must refer in court?

The Solicitor-General

It certainly will. In the pilot projects, Archbold, the standard textbook on criminal law, is available to prosecutors.

I refute the view that morale is at rock bottom. Certainly, that was not the case in Derbyshire and Hertfordshire, where I visited CPS officers last week. I did not conclude that morale was at rock bottom when I visited the Devon and Cornwall CPS last year with the hon. Gentleman. No doubt, there are stresses and strains and the situation could be improved, but the bleak picture painted by Opposition Members does not reflect reality.

In response to a point made by the hon. Gentleman, there is no reason why the CPS inspector should not appear before the Select Committee on Home Affairs. Indeed, in relation to the independence of the CPS, all prosecutors are fiercely independent and must act in accordance with the statutory code for Crown prosecutors.

Mr. Burnett

Will individual members of the CPS have access to the inspectorate so that they may discuss anything that is germane to their job in the service?

The Solicitor-General

The chief inspector's main function is to ensure that the quality of work is up to standard. However, as he goes round different areas, I am sure that individual prosecutors and others will have an opportunity to raise and discuss matters with him.

The Bill goes considerably beyond the recommendations in the report by Sir Ian Glidewell. I believe that the statutory inspectorate will continue to develop within the framework established by this simple measure. Of course, it is of paramount importance that the CPS gains increased public confidence. However, an open, accountable and vigorous inspectorate will go a long way towards developing that confidence.

Question put and agreed to.

Bill accordingly read a Second time, and committed to a Standing Committee, pursuant to Standing Order No. 63 (Committal of Bills).