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Witness Intimidation

20. Chris Bryant (Rhondda) (Lab): What plans the Crown Prosecution Service has to assist in tackling the intimidation and harassment of witnesses. [194083]

The Solicitor-General (Ms Harriet Harman): The "no witness, no justice" programme will enable the Crown Prosecution Service to give greater support to victims and witnesses who are at risk of intimidation or
 
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harassment. In order to protect witnesses, those responsible for intimidation or harassment can be prosecuted. Prosecutors can apply for defendants to be remanded in custody or be subject to bail conditions, and the courts can order that they sit in private if that is necessary to enable witnesses to give their best evidence.

Chris Bryant: My right hon. and learned Friend will be aware that in many close-knit communities, such as former mining communities like the Rhondda, issues of harassment and intimidation of witnesses can come very high on the list of miseries created in the criminal justice system for many ordinary, decent families. Can the CPS get involved with the police—and the local authority, in the case of antisocial behaviour orders—from the beginning of the process to ensure that witnesses and victims stand a real chance of seeing it reach a just conclusion?

The Solicitor General: In respect of antisocial behaviour action, the prosecutors form part of the team and will work with the police and the local authority, and with Victim Support. We also have to be sure that as well as providing the right level of support for victims and witnesses, we allow defendants the opportunity to put their case and defend themselves.

Mr. John Burnett (Torridge and West Devon) (LD): The principle that justice should be done in public and fully reported occasionally has to be tempered by the need to protect victims and witnesses. That is so not only in criminal cases, but in family law proceedings, especially those involving children. What guidelines have been given to the CPS in relation to victim or witness anonymity and curtailing of reporting rights, and are any further guidelines proposed?

The Solicitor General: In relation to the criminal courts, the principle is that the courts should be as open as possible. Justice should not only be done, but be seen to be done. Issues should be tried in public. If it is necessary to place restrictions on that general principle to enable witnesses to give their best evidence, prosecutors can apply for several special measures. The hon. Gentleman mentioned other jurisdictions, and indeed I recently issued a written statement about an amendment to the Children Bill. In the family courts, the general rule is that they sit in private—the opposite of the criminal courts—unless it is ordered that a hearing should be open. We needed to amend that to bring increased openness and accountability so as to build public confidence in family proceedings.

Mrs. Louise Ellman (Liverpool, Riverside) (Lab/Co-op): Does my right hon. and learned Friend agree that dealing with witness intimidation will be essential to the success of the new north Liverpool community justice centre? What plans does she have to deal with that important issue?

The Solicitor General: We all think that the Liverpool community justice centre is a really important step forward, and I take this opportunity to congratulate my hon. Friend, her parliamentary colleagues and all those who have worked to get the centre up and running. We hope it will be very successful. The key is to ensure that
 
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problems are identified early on, the concerns of victims and witnesses are understood and appropriate action is taken.

Mr. Dominic Grieve (Beaconsfield) (Con): In the context of encouraging witnesses to come forward and participate in the court process, I am sure that the Solicitor-General will agree that one of the key elements is reassurance that the Crown Prosecution Service will take them and their cases seriously, and that much good can be done if the CPS is seen as a fearless champion of the public interest in prosecuting offenders. In that context, what sort of message is sent out when a 63-year-old farmer in Norfolk, Mr. David Key, arrests two individuals in his farmyard in the act of siphoning off petrol, one of them allegedly admits his participation in the offence, yet a CPS spokesman says that it will not proceed on the basis that

"The property involved was not of great value. A decision has to be made if it was worth while to bring a prosecution bearing in mind the chances of getting a conviction"?

Will the Solicitor-General see that the matter is looked into urgently? What sort of message does it send out to witnesses and those who fear intimidation—

Mr. Speaker: Order. That supplementary is far too wide of the original question.

Government Legal Panels

21. Mr. David Kidney (Stafford) (Lab): How many names of counsel are on the panels maintained for Government legal work; and how other counsel may have their name added to those panels. [194084]

The Solicitor General: The Attorney-General maintains panels of counsel to undertake civil and criminal work for all Departments. There are 307 counsel on the civil panels and 578 on the criminal panels.

Mr. Kidney: I thank my right hon. and learned Friend for that answer. I do not suggest that the Government are unduly litigious, but they spend substantial amounts of public, taxpayers' money on legal services, so does she accept that there is an obligation to ensure that there is fair access for those who have the talents and qualities to undertake such work, including newly qualified barristers and—dare I say it—solicitor advocates?

The Solicitor General: My hon. Friend is right. We need to get two things right: to ensure that the Government have the best legal advice and advocacy when they are involved in legal proceedings; and that access to the interesting and important work of representing the Government in court and giving them legal advice is fair and open. As he says, that work is well paid. It also provides opportunities for those doing it to go into the judiciary. Perhaps I can take this opportunity to pay tribute to my predecessor, Lord Falconer, who took the process from being a bit of an old boys' network and made sure that it was fair and open.
 
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Antisocial Behaviour Orders

22. Mr. Ben Chapman (Wirral, South) (Lab): Whether the Crown Prosecution Service has a role in the antisocial behaviour order procedure. [194085]

23. Bob Spink (Castle Point) (Con): What advice she has given to the Crown Prosecution Service about the prosecution of people who breach antisocial behaviour orders. [194086]

The Solicitor General: The Crown Prosecution Service considers whether an antisocial behaviour order application is appropriate following a relevant conviction and, if so, makes a request to the court. The CPS is also responsible for prosecuting breaches of antisocial behaviour orders. Full guidance on the law and practice regarding those orders, including the prosecution of breaches, was issued by the Director of Public Prosecutions to all Crown prosecutors and caseworkers in April 2004.

Mr. Chapman: I very much welcome the role of the CPS in that regard, and the appointment of a dedicated prosecutor for Merseyside. I invite my right hon. and learned Friend to welcome both the recently announced witness protection measures for those reporting incidents of antisocial behaviour and the announcement today that Wirral is to have more power given to its elbow to tackle that scourge of my constituents by being appointed as an ASB action area.

The Solicitor General: I thank my hon. Friend for those points. As he said, a specialist prosecutor is covering his area—Iain Criddle, who has been described in local newspapers as the antisocial behaviour tsar. I am not sure that I would go as far as that, but he is working for the CPS with a team of people to deal with the problems that my hon. Friend raised.

Bob Spink: To some extent, ASBOs, curfews and dispersal orders work very well, and Essex police used them to great effect on Canvey Island this year. However, does the right hon. and learned Lady accept that the CPS and the courts should use the toughest possible action to deal with breaches of ASBOs, and that generally they should send offenders to prison? In that way, they would send out the right message and make sure that ASBOs' effectiveness continues to improve.

The Solicitor General: The hon. Gentleman makes a fair point when he says that it is important that breaches of orders on antisocial behaviour made by the court should be dealt with effectively, so that confidence that the orders mean what they say can be sustained. Sentencing is a matter for the courts.

Mr. Lindsay Hoyle (Chorley) (Lab): My right hon. and learned Friend will agree that ASBOs have played an important part in curtailing trouble in areas, but does she not agree that the press has a right to print the names of people for whom application for such an order has been successful? Does not the press also have the right to ensure that people are aware when an ASBO has been breached?

The Solicitor General: The press has a right to report anything that the law does not expressly prohibit.
 
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