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389716

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment he has made of the extent of revenue that has been lost to the public purse in each of the last seven financial years as a result of data controllers who are required to notify or register under the Data Protection Act and pay a fee not doing so; and what steps he is taking to (a) recoup the losses to the public purse that have occurred and (b) prevent such further losses.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6938
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6947 6948 6949 6951 6952 7446 question first answered 22/07/2015 10:07:55 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389718

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Information Commissioner's Office: Pay
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the level of remuneration of Information Commissioner's Office (ICO) personnel based in the ICO's Wilmslow office and the requests made to increase such remuneration; and whether meeting such requests would require a relaxation of existing pay restraint policies.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6939
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Information Commissioner is responsible for determining the pay and conditions of his staff and in doing so must comply with the principles of Managing Public Money and Civil Service Pay Guidance.</p> answering member constituency Esher and Walton answering member printed Dominic Raab question first answered 22/07/2015 11:27:01 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389870

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection Act 1998
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what support and guidance his Department provides to victims of crime committed under the Data Protection Act to ensure that (a) money is not paid by them or on their behalf to anyone who has unlawfully processed such data which have been paid by them or, if already paid, can be recovered and (b) obligations under anti-money laundering or proceeds of crime legislation are explained.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6942
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p /> <p>The Information Commissioner’s Office (ICO) applies for confiscation under the Proceeds of Crime Act 2002 in appropriate cases. The ICO communicates with victims throughout the prosecution case and if the ICO is to pursue either confiscation or make an application for compensation this is explained to the victim. More generally, the ICO is reviewing processes for supporting victims in light of the forthcoming implementation of the Victims Directive.</p><p>In cases where organisations do not comply with the Data Protection Act 1998 (DPA) the ICO has a range of powers to take action, including the power to serve a Civil Monetary Penalty of up to £500,000. In the most serious cases, section 55 of the DPA makes it an offence for a person to knowingly or recklessly obtain, disclose or procure the disclosure of personal data without the consent of the data controller. The offence is punishable by an unlimited fine.</p><p>Figures for prosecutions and cautions for DPA related offences the last six years are in the table below.</p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Number of prosecutions</strong></p></td><td><p><strong>Number of cautions</strong></p></td></tr><tr><td><p>2009/10</p></td><td><p>7</p></td><td><p>4</p></td></tr><tr><td><p>2010/11</p></td><td><p>5</p></td><td><p>8</p></td></tr><tr><td><p>2011/12</p></td><td><p>13</p></td><td><p>7</p></td></tr><tr><td><p>2012/13</p></td><td><p>5</p></td><td><p>2</p></td></tr><tr><td><p>2013/14</p></td><td><p>17</p></td><td><p>2</p></td></tr><tr><td><p>2014/15</p></td><td><p>25</p></td><td><p>4</p></td></tr></tbody></table><p> </p><p>The figures for 2012/13 to 2014/15 years can also be found in the ICO’s annual reports at the link below:</p><p><a href="https://ico.org.uk/about-the-ico/our-information/annual-reports/" target="_blank">https://ico.org.uk/about-the-ico/our-information/annual-reports/</a></p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6943 6944 question first answered 22/07/2015 15:58:57 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389871

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection Act 1998
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what steps he is taking to (a) bring and or authorise criminal proceedings and (b) take civil proceedings to punish people who have failed to comply with Data Protection obligations and to deprive such people of any benefit of proceeds obtained by conduct which is unlawful under the Data Protection Act.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6943
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Information Commissioner’s Office (ICO) applies for confiscation under the Proceeds of Crime Act 2002 in appropriate cases. The ICO communicates with victims throughout the prosecution case and if the ICO is to pursue either confiscation or make an application for compensation this is explained to the victim. More generally, the ICO is reviewing processes for supporting victims in light of the forthcoming implementation of the Victims Directive.</p><p>In cases where organisations do not comply with the Data Protection Act 1998 (DPA) the ICO has a range of powers to take action, including the power to serve a Civil Monetary Penalty of up to £500,000. In the most serious cases, section 55 of the DPA makes it an offence for a person to knowingly or recklessly obtain, disclose or procure the disclosure of personal data without the consent of the data controller. The offence is punishable by an unlimited fine.</p><p>Figures for prosecutions and cautions for DPA related offences the last six years are in the table below.</p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Number of prosecutions</strong></p></td><td><p><strong>Number of cautions</strong></p></td></tr><tr><td><p>2009/10</p></td><td><p>7</p></td><td><p>4</p></td></tr><tr><td><p>2010/11</p></td><td><p>5</p></td><td><p>8</p></td></tr><tr><td><p>2011/12</p></td><td><p>13</p></td><td><p>7</p></td></tr><tr><td><p>2012/13</p></td><td><p>5</p></td><td><p>2</p></td></tr><tr><td><p>2013/14</p></td><td><p>17</p></td><td><p>2</p></td></tr><tr><td><p>2014/15</p></td><td><p>25</p></td><td><p>4</p></td></tr></tbody></table><p> </p><p>The figures for 2012/13 to 2014/15 years can also be found in the ICO’s annual reports at the link below:</p><p><a href="https://ico.org.uk/about-the-ico/our-information/annual-reports/" target="_blank">https://ico.org.uk/about-the-ico/our-information/annual-reports/</a></p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6942 6944 question first answered 22/07/2015 15:58:57 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389872

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection Act 1998
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what information his Department holds on the (a) extent of criminal activity and (b) amount of unlawfully obtained benefit which has occurred contrary to provisions of the Data Protection Act 1998 in each of the last six years for which records are available.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6944
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Information Commissioner’s Office (ICO) applies for confiscation under the Proceeds of Crime Act 2002 in appropriate cases. The ICO communicates with victims throughout the prosecution case and if the ICO is to pursue either confiscation or make an application for compensation this is explained to the victim. More generally, the ICO is reviewing processes for supporting victims in light of the forthcoming implementation of the Victims Directive.</p><p>In cases where organisations do not comply with the Data Protection Act 1998 (DPA) the ICO has a range of powers to take action, including the power to serve a Civil Monetary Penalty of up to £500,000. In the most serious cases, section 55 of the DPA makes it an offence for a person to knowingly or recklessly obtain, disclose or procure the disclosure of personal data without the consent of the data controller. The offence is punishable by an unlimited fine.</p><p>Figures for prosecutions and cautions for DPA related offences the last six years are in the table below.</p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Number of prosecutions</strong></p></td><td><p><strong>Number of cautions</strong></p></td></tr><tr><td><p>2009/10</p></td><td><p>7</p></td><td><p>4</p></td></tr><tr><td><p>2010/11</p></td><td><p>5</p></td><td><p>8</p></td></tr><tr><td><p>2011/12</p></td><td><p>13</p></td><td><p>7</p></td></tr><tr><td><p>2012/13</p></td><td><p>5</p></td><td><p>2</p></td></tr><tr><td><p>2013/14</p></td><td><p>17</p></td><td><p>2</p></td></tr><tr><td><p>2014/15</p></td><td><p>25</p></td><td><p>4</p></td></tr></tbody></table><p> </p><p>The figures for 2012/13 to 2014/15 years can also be found in the ICO’s annual reports at the link below:</p><p><a href="https://ico.org.uk/about-the-ico/our-information/annual-reports/" target="_blank">https://ico.org.uk/about-the-ico/our-information/annual-reports/</a></p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6942 6943 question first answered 22/07/2015 15:58:57 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389896

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Crime: Victims
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, when he plans to publish a Victims' Bill to enshrine key rights for victims in law.
tabling member constituency	Holborn and St Pancras
tabling member printed	Keir Starmer
uin	7155
answer	answer is ministerial correction date of answer 21/07/2015 answer text <p>We will publish draft clauses in due course.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 21/07/2015 10:25:59 answering member 1528 label Biography information for Sir Mike Penning
tabling member	4514 label Biography information for Keir Starmer

389897

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Wills
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what steps he is taking to promote the making of wills; and if he will make a statement.
tabling member constituency	Strangford
tabling member printed	Jim Shannon
uin	7090
answer	answer is ministerial correction date of answer 20/07/2015 answer text <p>The law of succession is devolved in Northern Ireland. My Department promoted the making of wills in England and Wales as part of a public awareness raising campaign during March this year. <em>Choice Not Chance </em>used traditional and social media to highlight the benefits of making a will and the consequences of not doing so. The key messages and digital material continue to be used by stakeholders and we will continue to push the importance of making a will via our social media channels.</p> answering member constituency Esher and Walton answering member printed Dominic Raab question first answered 20/07/2015 13:56:57 answering member 4007 label Biography information for Dominic Raab
tabling member	4131 label Biography information for Jim Shannon

389898

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Injuries Compensation
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the provisions for compensation under the Criminal Injuries Compensation Scheme for a person injured as a result of an attack by a dangerous dog where the animal was not used with intent to cause injury; and if he will bring forward proposals to amend legislation on that matter.
tabling member constituency	St Helens North
tabling member printed	Conor McGinn
uin	7087
answer	answer is ministerial correction date of answer 20/07/2015 answer text <p>In 2012, following the “Getting It Right for Victims and Witnesses” consultation, the Coalition government revised the Criminal Injuries Compensation Scheme so that awards are made only to victims who suffer serious physical or mental injury as the direct result of deliberate violent crime.</p><p> </p><p>We remain satisfied that the Scheme is appropriately directed at compensating eligible victims of crimes of violence and that provisions within the Dangerous Dogs Act 1991 are adequate to tackle the issue of dangerous dogs.</p><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 20/07/2015 15:56:18 answering member 1528 label Biography information for Sir Mike Penning
tabling member	4458 label Biography information for Conor McGinn

389899

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Fines: Surcharges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how much was raised from the victim surcharge in each year since 2010.
tabling member constituency	Hammersmith
tabling member printed	Andy Slaughter
uin	7004
answer	answer is ministerial correction date of answer 20/07/2015 answer text <p>We want criminals to properly pay for their crimes. For this reason, in October 2012 the victim surcharge was increased on fines and extended to ensure offenders contribute towards victims’ services.</p><p> </p><p>The following table sets out the amount raised from the Victim Surcharge annually since 2010.</p><p> </p><table><tbody><tr><td><p>Financial year</p></td><td><p>Victim Surcharge raised</p></td></tr><tr><td><p>2010-11</p></td><td><p>£10.5m</p></td></tr><tr><td><p>2011-12</p></td><td><p>£10.3m</p></td></tr><tr><td><p>2012-13</p></td><td><p>£10.5m</p></td></tr><tr><td><p>2013-14</p></td><td><p>£19.5m</p></td></tr><tr><td><p>2014-15</p></td><td><p>£24.6m</p></td></tr></tbody></table><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 20/07/2015 14:40:28 answering member 1528 label Biography information for Sir Mike Penning
tabling member	1516 label Biography information for Andy Slaughter

389900

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Unpaid Fines
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what the value was of fines remaining uncollected on 31 December (a) 2010, (b) 2011, (c) 2012, (d) 2013 and (e) 2014.
tabling member constituency	Hammersmith
tabling member printed	Andy Slaughter
uin	7005
answer	answer is ministerial correction date of answer 30/07/2015 answer text <p>This Government takes recovery and enforcement of financial impositions very seriously and remains committed to finding new ways to ensure impositions are paid and to trace those who do not pay. This is why there has been a year on year increase in the total amount of financial penalties collected over the last four years. The amount of money collected at the end of 2013/14 was £290 million. The amount of money collected reached a record high of £310 million at the end of 2014/15 - an increase of £20m (7%) in cash collection of financial impositions (excluding confiscation) compared to that collected in 2013/14. <br><br>The table below shows the total value of financial impositions outstanding in England and Wales at the end of each of the last five financial years.<br><br> <br>Year Total Value Outstanding regardless of Imposition date <br>2010/2011 £609,559,294 <br>2011/2012 £593,268,197 <br>2012/2013 £575,507,170 <br>2013/2014 £548,811,011 <br>2014/2015 £571,061,117 <br><br>The total amounts outstanding can relate to impositions made in the year stated or any previous year. These figures include fines, compensation orders, victim surcharge orders and prosecution costs orders<br><br>The outstanding balance figures includes the value of accounts that were not due to be paid by the end of the period specified (either because they were imposed close to the end of the year or because they had payment timescales set by the courts for beyond the end of the year) and those that were being paid by instalments on agreed payment plans. .</p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara question first answered 30/07/2015 11:31:56 answering member 1496 label Biography information for Shailesh Vara
tabling member	1516 label Biography information for Andy Slaughter