Topical Questions 2022-03-22

2022-03-22

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Questions & Answers

Q1 Partial Answer
Context
The MP's constituency has strong ties with Ukraine and is concerned about the impact of war crimes on her constituents.
My constituency has strong links to Ukraine. Can my right hon. Friend reassure my constituents that this Government will do everything to support the investigation of war crimes potentially committed in Ukraine?
We are looking at a package of measures including financial assistance and also technical assistance, which is crucial to the preservation of evidence. The kinds of things I am analysing with colleagues across Whitehall include specialist IT capabilities and other expert areas such as police and military analysis—all the things that the ICC will need.
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Q2 Partial Answer
Context
The legal aid system is chronically underfunded, causing a shortage of criminal solicitors and barristers.
Can I bring the Minister on to a more domestic issue? Victims of domestic abuse and other serious crimes are more often than not denied justice due to the broken criminal justice system. Legal aid provides a lifeline to those who need it most, but the system is on its knees due to chronic underfunding. Sir Christopher Bellamy QC recommended a minimum fee increase not as an opening bid but as a necessary first step to nurse the legal aid system back to health. How will the Minister stop the continuing haemorrhage of criminal solicitors and barristers from the workforce in the meantime, so that further victims are not denied access to justice?
We have set out in detail our response to the Bellamy review, and indeed we matched the Bellamy recommendations on the quantum of investment and on the 15% uplift for fees. I think it was only last week that he backed those plans pretty much wholeheartedly, and I hope he still does.
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Q3 Partial Answer
Afzal Khan Lab
Manchester Rusholme
Context
Litigation or threats thereof should not be used to intimidate or silence public interest matters.
Litigation or the threat of litigation should not be used to intimidate or to silence things that are in the public interest. I welcome what my right hon. Friend said last week about SLAPPs. Can he reassure me, my constituents, journalists across the country and the wider public that he will do whatever it takes to support the freedom of the press and freedom of speech more widely?
My hon. Friend is absolutely right, and we have set out our proposals on SLAPPs. I also want to bring his attention to the submission that we had from the media group that involves the i, The Times, Associated Newspapers, The Daily Telegraph and others, which talks about the specific proposals we have put forward in our Bill of Rights to strengthen and reinforce freedom of expression and media rights as critically important, alongside the other work we are doing. I hope that the Labour party will support it.
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Q4 Partial Answer
Context
The Ministry of Justice has paused the review on wills, preventing legislative action against predatory marriage.
In December, my constituent Daphne Franks and I delivered a paper to the Ministry of Justice setting out proposals to end predatory marriage, but so far nothing has been done, mainly because the review of wills has been paused by the Law Commission. Given that the elderly and vulnerable are still being targeted every day, may I ask the Secretary of State whether he will now step in and support the legislative changes set out in our proposal so that we can finally bring this appalling abuse to an end?
I am grateful to the hon. Gentleman for raising this issue in the House. I am happy to have a conversation and a meeting with him to discuss his proposals in greater detail. It is important to recognise that in the marriage space we are awaiting the outcome of the Law Commission's review, which is expected in July. Like other Ministers in the Department, I will want to have a thorough look at all these matters in the round.
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Q5 Partial Answer
Fabian Hamilton Lab
Leeds North East
Context
Harry Dunn's family is still waiting for justice from the tragic killing of him by an American citizen.
Today would have been Harry Dunn's 21st birthday. Instead, his twin brother Niall faces this fabulous milestone alone and there is still no justice for Harry's family from the tragic killing of him by an American citizen who was driving on the wrong side of the road. I know that the hearts of colleagues from across the House go out to Harry Dunn, his whole family and all his friends, particularly his brother. Will my right hon. Friend the Secretary of State, who has done so much to try to help, give the House an update on what is being done to deliver justice for Harry?
Thank you, Mr Speaker, I will be mindful of what you say. First, let me thank and pay tribute to my right hon. Friend, who has championed the Dunn family and the memory of Harry in the most remarkable way. Of course my heart goes out to Tim, Charlotte, Bruce, Tracey and all the family right now. Indeed, I was thinking about Tracey and Charlotte in particular as we prepare for Mother's day this week. I can tell my right hon. Friend, without tripping up in the way that Mr Speaker described, that the whole Government and I wholeheartedly support the Foreign Secretary's ongoing efforts to secure a virtual trial so that we can see justice done for Harry and his family.
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Q6 Partial Answer
Context
There is concern about the Government making changes to the Human Rights Act without legislative consent from the devolved institutions.
Will the Secretary of State confirm clearly, for the record, that the Government will not make changes to the Human Rights Act without legislative consent from the devolved institutions?
The hon. Gentleman will know, because I have said it in the House on a number of occasions, that it would be inappropriate to consider the application of the Sewel convention until we have the text of the Bill of Rights, but he will not have to wait too much longer for that.
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Q7 Partial Answer
Context
There is a need to support grandchildren in having better access to their grandparents following a divorce or bereavement.
Will my right hon. Friend look again at whether there are any opportunities to support grandchildren to have better access to their grandparents following a divorce or bereavement?
I am grateful to my hon. Friend for raising this issue. The Government understand the important role that grandparents often play in children's lives—I can very much relate to that through my own experiences growing up—and the stability they can provide, particularly during times of divorce, separation or bereavement. I know that she had a productive meeting with my right hon. Friend the Deputy Prime Minister recently. This matter is under active consideration at pace and we will revert to her as quickly as possible.
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Q8 Direct Answer
Taiwo Owatemi Lab
Coventry North West
Context
A constituent reported an assault after leaving a long-term abusive relationship but was told the case had passed the statute of limitations. The six-month time limit applies to common assault charges.
One of my constituents, after leaving a near two-decade-long abusive relationship, reported an assault to the police, but she was then told that the statute of limitations on her case had run out, as it was not processed in time. What steps will the Minister take to reform the statute of limitations process for victims of assault in abusive relationships?
I hope that the House will understand that I must not comment on an individual case, but for offences that are triable either way—assault and occasioning actual bodily harm—or those that are indictable only, there are no such time limits. One category of offence—common assault charges—does have the traditional six-month time limit. Exactly the situation the hon. Lady has described is what we are seeking to change for the better through the police Bill. We are removing that six-month time limit—extending it to two years—so that cases of the sort she describes will not hit that legal barrier to securing justice for victims.
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Q9 Direct Answer
Context
Off-road bikes and quad bikes are causing significant trouble in Darlington. The Minister has taken steps recently to publicise community payback for tackling antisocial behaviour.
I commend my right hon. Friend the Minister for the steps he has taken recently to publicise community payback to tackle antisocial behaviour. In Darlington, antisocial behaviour involving off-road bikes and quad bikes causes tremendous trouble; will the Minister outline what steps he will take to use community payback to tackle that?
I am pleased that my hon. Friend recognises that dozens of teams of offenders are fanning out across England and Wales and doing fantastic work, paying back into their community by improving the environment. My hon. Friend has been a persistent campaigner on the antisocial behaviour that quad bikes bring to his constituency and I know he will have conversations with his local police and crime commissioner about what the police can do to catch the individuals responsible. When they do catch them, it is absolutely appropriate that they pay back into the community through the kind of work that we now see on a daily basis. It might also be appropriate to GPS tag offenders so that we know where they are moving at speed off-road.
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Q10 Partial Answer
Andrew Slaughter Lab
Hammersmith and Chiswick
Context
The Secretary of State expressed concern about the oppressive use of litigation costs in strategic lawsuits against public participation (SLAPP) cases. The Leveson inquiry recommended introducing low-cost arbitration.
If, as the Secretary of State said earlier, he is concerned about the oppressive use of litigation costs in SLAPP cases, will he look into the same problems in respect of media cases? Will he consider introducing—perhaps in his Bill of Rights—the type of low-cost arbitration recommended by the Leveson inquiry?
I recognise the issue that the hon. Gentleman wants to deal with but we are not going to rake over the old coals of that debate.
Assessment & feedback
The specific request for low-cost arbitration in media cases was not addressed, and instead the Secretary of State referred to a past debate.
Rake Over The Old Coals
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Q11 Partial Answer
Context
The Minister recently met with a constituent to discuss imprisonment for public protection (IPP) sentences. The Justice Committee held an inquiry into IPP sentences.
My right hon. Friend the Minister recently met me and my constituent Donna Mooney to discuss imprisonment for public protection sentences. Will he update the House on the progress of his thoughts on the matter and whether he plans to bring forward any plans for reform?
I had a useful and informative meeting with my hon. Friend and his constituent. As he knows, we have in place an action plan for IPP sentences that we are prosecuting with, I hope, some verve and energy to drive down the numbers. My hon. Friend will know that the Justice Committee held an inquiry into IPP sentences; we await its conclusions before we look at the next steps.
Assessment & feedback
The specific plan for reform was not provided, but progress on the current action plan and awaiting committee conclusions were mentioned.
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Q12 Partial Answer
Gareth Thomas Lab Co-op
Harrow West
Context
A constituent is struggling to regain control over a home due to fraudulent lasting power of attorney. The issue of abuse and fraud in LPA needs toughening.
My constituent Huw Davies is struggling to regain control of a home that he has owned for many years and is wondering when there will be tougher action to prevent lasting powers of attorney from being taken out fraudulently. Will Ministers set out what they are doing to toughen up the law and to toughen up the enforcement activity in respect of lasting powers of attorney?
I am grateful to the hon. Gentleman for raising an issue of which we are mindful. He will know that we are soon to embark on a process to reform lasting powers of attorney, to make sure that all the processes are fit for the modern world, that incidents of abuse and fraud are tackled robustly and that all the right checks and mechanisms are there.
Assessment & feedback
The specific actions to strengthen laws were not detailed but reform plans were mentioned.
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Q13 Partial Answer
I welcome the work that my hon. Friend the Minister has been doing to recruit more magistrates and the changes to the retirement age to enable senior magistrates to sit for longer. Will he tell us about the plans to introduce powers to keep more cases in the magistrates court and when he expects those powers to come into effect?
My hon. Friend is, of course, a serving magistrate and speaks with great authority on these matters. As he knows, the Judicial Review and Courts Bill, which contains key parts of those powers, has not yet received Royal Assent. On my hon. Friend's other point, I can confirm that the Public Service Pensions and Judicial Offices Bill recently received Royal Assent. The Public Service Pensions and Judicial Offices Act 2022 raises the statutory mandatory retirement age to 75. As my hon. Friend says, that is an important measure to ensure that we maximise the number of people in our judicial labour force.
Assessment & feedback
The specific details about powers for keeping more cases in magistrates court were not provided, but the status of bills and retirement age changes were discussed.
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Q14 Partial Answer
Chris Bryant Lab
Rhondda and Ogmore
Does not Mariupol alone demand that we go even further on sanctions in relation to Russia? Could we not sanction all the Russian banks, rather than just 60% of them? Should we not be taking action against the oil and gas companies? Should we not be removing tier 1 visas from people in the UK who have them and have not yet condemned the war in Ukraine? Should we not be putting more pressure on companies—such as Infosys in India—that have big investments in Russia? Should we not make sure that all the family members and apparatchiks are also sanctioned?
The hon. Gentleman is absolutely right that we should continually challenge ourselves. The most important thing, though, is that we are focused on and targeted at those either with direct links into the Kremlin or who fund or indirectly fund, to put the squeeze on Putin's war machine.
Assessment & feedback
The specific sanctions were not detailed but a focus on targeting entities linked directly to the Kremlin was mentioned.
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Q15 Partial Answer
Context
A constituent, Tim Dack, passed away from COVID-19 and could not be listed as his partner on the death certificate despite their long-term relationship. The Coroners and Justice Act 2009 has uncommenced provisions that would allow such listing.
My constituent Tim Dack passed away from covid-19 and was unable to have his partner listed on his death certificate, despite a long-term relationship. There are uncommenced provisions in the Coroners and Justice Act 2009 allowing such listings. When will these changes be brought forward?
I am grateful for the hon. Friend raising this difficult case. I would like to meet him to discuss it in more detail so that I can provide a full response.
Assessment & feedback
Did not address when the uncommenced provisions will be implemented
Would Like To Meet To Discuss
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Q16 Partial Answer
Ruth Jones Lab
Newport West and Islwyn
Context
The Government consulted on scrapping the Human Rights Act but did not provide an easy-read, British Sign Language, audio, or Makaton version.
Why was there no easy-read, BSL, audio, or Makaton version of the consultation on scrapping the Human Rights Act?
I will look at the variations mentioned and provide an answer by correspondence within the week.
Assessment & feedback
Did not commit to providing versions in accessible formats for future consultations
Look At The Variations Provide A Response By Correspondence
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Q17 Partial Answer
Context
Ofsted and HM Inspectorate of Prisons report highlighted poor reading skills among prisoners. The 2016 Coates Report recommended measures for prison education.
Are the Secretary of State and Minister aware of Ofsted's report on poor reading skills in prisons? What plans do they have to implement the recommendations from the 2016 Coates report?
We understand the criticisms in the report. The White Paper includes personal learning plans for prisoners and new KPIs in English and maths, so that we can hold prisons accountable.
Assessment & feedback
Did not provide specific plans or timelines to address Ofsted's concerns
Understands The Criticisms Included Personal Learning Plans
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Q18 Direct Answer
Context
There is a crisis in attracting young people to criminal law due to higher pay in civil and commercial law. This affects the quality and diversity of practitioners.
The Secretary of State, what are you doing about the crisis of young people not being attracted to criminal law because of high salaries in other areas?
We are addressing the issue through increasing fees, breaking down barriers, promoting CILEX for non-graduate routes into the profession.
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