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1012534

registered interest
date	22/11/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Hate Crime: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the reply by Baroness Vere of Norbiton on 6 December 2017 (HL Deb, col 1051), whether Baroness Vere of Norbiton wrote to the Director of Public Prosecutions to ask whether she agrees that the definition of hate crime is broader than what is in statute and on what authority any broadening was based; and if so, what reply she received.
tabling member printed	Lord Pearson of Rannoch
uin	HL11726
answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>Baroness Vere of Norbiton wrote to the Director of Public Prosecutions (DPP) on 13 December 2017. The DPP provided her response on 9 January 2018.</p><p> </p><p>In her response, the then DPP confirmed that the flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007 and that it is wider than the definition set out in legislation to ensure all relevant cases are captured.</p><p> </p><p>The CPS adopted the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report also recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p> </p><p>The recommendations of the Macpherson report were welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p> </p><p>In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p> </p><p>In her letter, the then DPP also confirmed that the CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p> answering member printed Lord Keen of Elie question first answered 04/12/2018 13:13:56 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3153 label Biography information for Lord Pearson of Rannoch

1005633

registered interest
date	12/11/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Brexit: Northern Ireland
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they intend to publish the legal advice prepared by the Attorney General for the Prime Minister on the Irish backstop proposals for the Brexit negotiations; whether the full advice was made available to members of the Cabinet; and if not, why not.
tabling member printed	Lord Myners
uin	HL11404
answer	answer is ministerial correction date of answer 26/11/2018 answer text <p>The Government recognises the legitimate desire in Parliament, from Members on all sides and in both Houses, to understand the legal implications of the final Withdrawal Agreement. The Government will therefore make available to all members of Parliament a full, reasoned position statement, setting out the Government’s agreed legal position on the Agreement, including the Irish backstop proposals. The Attorney will also make a statement to the House of Commons and take questions. This will help to ensure Parliament has all appropriate information ahead of the vote on the final deal.</p><p> </p><p>We expect the Attorney General’s statement to be repeated in the Lords, with questions.</p> answering member printed Lord Keen of Elie question first answered 26/11/2018 13:40:39 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3869 label Biography information for Lord Myners