HC Deb 28 November 2002 vol 395 cc457-9
35. Mr. Barry Gardiner (Brent, North)

If she will make a statement on the effectiveness of the Crown Prosecution Service in the London area. [82001]

The Solicitor-General (Ms Harriet Harman)

I believe that CPS London is becoming more effective. We regard sustaining the improvement in CPS London as essential, as Londoners are entitled to the protection of a good criminal justice system. London is the focus for much serious crime, and the reputation of CPS London sets the reputation of the CPS nationally.

Mr. Gardiner

I thank my right hon. and learned Friend for her response, but there is a particular aspect of efficiency on which most Londoners—indeed, most of the national population—would like an assurance: that those who perpetrate hoax calls during the fire brigades dispute are being pursued with the full vigour of the CPS in London, with a view to prosecution.

The Solicitor-General

I can reassure the House that that is certainly the case. The Director of Public Prosecutions has issued guidance on charging in hoax call cases, which are being fast-tracked. I am not aware of any such cases in London, but in one case in west Yorkshire, a man is awaiting sentence for making hoax calls, and another man is being prosecuted in Staffordshire for making three hoax calls. A man has been arrested in Manchester, another is awaiting sentence in Cumbria, and an ongoing investigation is taking place in Lincolnshire. These cases are being taken very seriously, as the Prime Minister said on Wednesday.

Mr. Andrew Dismore (Hendon)

My right hon. and learned Friend will know that I take a particular interest in the issue of racism within the Crown Prosecution Service. Can she tell us what progress has been made in tackling racism within CPS London, with particular reference to the staff and the prosecution policy?

The Solicitor-General

I welcome and endorse the stance that my hon. Friend has taken on the issue of race discrimination. It is very important that CPS London, and the CPS as a whole, is a fair and non-discriminatory employer that offers equal opportunities to all staff, both lawyers and non-lawyers. It is also very important that, whether dealing with defendants or victims, it adopts a non-racist and equal attitude. Since investigating the CPS, the Commission for Racial Equality has approved it as having proper procedures, which will be taken forward.

Mr. William Cash (Stone)

The Attorney-General superintends the CPS; he acts as guardian of the public interest and of public safety, irrespective of party politics. In the wake of the firefighters' strike, there is secondary picketing on the tube in London, and the threat of it elsewhere. Yesterday, the Prime Minister said in the House that it was for the courts to decide whether such action is illegal. How can the courts so decide if the CPS, and in particular the Attorney-General, does not initiate a prosecution, and will he do so? Given that the talks have collapsed and that the firefighters' strike is on—and in the absence of CPS prosecution, particularly in respect of London—does the Attorney-General intend, in the light of his reply to me of 18 November, to seek an injunction under section 240 of the Trade Union and Labour Relations (Consolidation) Act 1992, before it is too late?

The Solicitor-General

The hon. Gentleman is right: in these matters, the Attorney-General's approach is concerned with the public interest, not the Government interest. However, if the question of initiating a prosecution arises, the police must first investigate and produce evidence of an offence for the CPS to consider. They have not done so in relation to any picketing offences, so it has not fallen to the CPS to consider files brought forward by the police concerning the suitability of prosecution.

On the second point, about the Attorney-General's powers to seek an injunction in the courts against someone he suspects may be about to commit a criminal offence, if he does that his arguments will be set out to the court first, and thereafter he will explain to the Lords, and I will explain to the Commons, what the basis of that application was.

Mr. John Burnett (Torridge and West Devon)

There remain grave misgivings about the conduct of the Crown Prosecution Service and others in the Burrell case. In the other place on 6 November, in reply to my noble Friend Lord Thomas of Gresford, the Attorney-General by implication criticised both the prosecution and the judge in relation to a public interest immunity application. Many would argue that more trenchant criticism was deserved. Will the Solicitor-General confirm that the application should never have been made and assure the House that steps will be taken to ensure that there is no further abuse of public interest immunity by the CPS?

Finally—[HON. MEMBERS: "Ah."] Finally—

Mr. Speaker

Order. The hon. Gentleman has done very well so far.

The Solicitor-General

There has been no abuse of public interest immunity by the CPS. If there had been, the Attorney-General and I would have taken it with absolute seriousness. If the prosecution has information that could help the defence, it is under a duty to disclose it, and in no circumstances should such information be withheld. That is fundamental to our principles of justice. There was never any intention to proceed in the Burrell case withholding information that could have helped the defence. The question was whether the CPS was to drop the case, in which case disclosure did not arise, or whether it was to proceed, in which case there would have been disclosure. It would have been quite wrong to go ahead with the case without disclosing the information that the Queen had subsequently given.

David Winnick (Walsall, North)

But does my right hon. and learned Friend accept that there remains some public unease about the Burrell case, despite what she has said and what the Attorney-General has said in another place? That unease is certainly not confined to hardline republicans. Have any lessons been learned by the CPS in this case?

The Solicitor-General

The Crown Prosecution Service learns lessons from all its cases, as is right and proper. I reassure my hon. Friend and the House that there is no need for any public unease about this case. If anything was going wrong with prosecutions, the Attorney-General and I would be absolutely on to it, I would disclose it fully to the House, and we would want action taken to sort it out. That is not so in this case. I hope that hon. Members will accept that, and feel reassured accordingly.

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