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1249443

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisons: Coronavirus
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 reduce the transmission of covid-19 on the prison estate.
tabling member constituency	Worsley and Eccles South
tabling member printed	Barbara Keeley
uin	113039
answer	answer is ministerial correction date of answer 12/11/2020 answer text <p>The safety of our staff and those in our care remains our top priority and when responding to Covid-19 we have worked closely with Public Health England and been guided by their advice. Closed settings such as prisons pose particular challenges in managing outbreaks, but we have well-developed policies and procedures in place to manage outbreaks and infectious diseases, including COVID-19. This means prisons are well prepared to take immediate action whenever cases or suspected cases are identified.</p><p>One of the range of measures HMPPS is taking to limit the spread of the virus in prisons and save lives is to compartmentalise prisoners. This requires establishments to introduce isolation units for the symptomatic, shielding units for the vulnerable, and reverse cohorting to quarantine new arrivals. Social distancing and basic hygiene are also effective controls to reduce transmission and we continue to provide access to the right cleaning and hygiene products in prisons. Other measures have included adapting prison regimes to support social distancing and PPE usage, and expanding the estate with new temporary units.</p><p>We have started to rollout regular testing for frontline staff which means we can identify positive cases earlier and will be able to minimise the spread of outbreaks. HMMPS is also rolling out testing for prisoners on reception and transfer.</p><p>We continue to work closely with PHE to develop and refine our response to the pandemic.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 12/11/2020 17:40:12 answering member 4517 label Biography information for Lucy Frazer
tabling member	1588 label Biography information for Barbara Keeley

1249450

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Domestic Abuse: Homicide
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to paragraph 3.18 of the A Smarter Approach to Sentencing White Paper published in September 2020, if he will make an assessment of the potential merits of excluding domestic violence related murder in the home from the Minimum term starting points of 25 years for adult mandatory life sentences for offenders who took a knife or weapon to the scene.
tabling member constituency	Bristol West
tabling member printed	Thangam Debbonaire
uin	113138
answer	answer is ministerial correction date of answer 17/11/2020 answer text <p>The law requires a mandatory life sentence to be imposed on anyone convicted of murder. The time an offender will spend in prison before being eligible to be considered for release on licence is set by the judge at sentencing. Schedule 21 of the Criminal Justice Act 2003 sets out a range of starting points and aggravating factors for the judge to consider when deciding this minimum tariff. This Schedule does not set out all possible scenarios, but rather provides a framework and affords the judge the ability to make decisions on the specific facts of the case. Aggravating factors which will be considered, regardless of where the murder took place, will include the level of premeditation, the level of suffering inflicted on the victim, and the vulnerability of the victim.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 17/11/2020 17:09:49 answering member 4503 label Biography information for Chris Philp
tabling member	4433 label Biography information for Thangam Debbonaire

1249695

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Adultery: LGBT+ People
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what plans he has to amend the definition of adultery to include same-sex relations.
tabling member constituency	Wolverhampton North East
tabling member printed	Jane Stevenson
uin	113228
answer	answer is ministerial correction date of answer 12/11/2020 answer text <p>Parliament considered this definition during passage of the Marriage (Same Sex Couples) Act 2013. Adultery in this context has a longstanding definition and can, within the terms of the 2013 act, take place only between a man and a woman. A same sex extramarital affair can therefore not be cited in support of the legal fact of adultery for the purpose of a divorce petition under the existing law. People can and do, however, use the fact of behaviour in a divorce petition to cite same sex affairs or other kinds of infidelity that do not meet the legal definition of adultery.</p><p>Commencement of the Divorce, Dissolution and Separation Act 2020 will remove the requirement to evidence adultery or any other fact and replace this with a requirement to state that the marriage has broken down irretrievably. There will therefore no longer be a requirement to evidence matters of a personal nature that can introduce or worsen conflict to the detriment of any arrangements for the future, particularly about children.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 12/11/2020 13:26:11 answering member 4481 label Biography information for Alex Chalk
tabling member	4750 label Biography information for Jane Stevenson

1249834

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Aid Scheme
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what progress they have made towards preventing those needing letters from GPs to access legal aid being charged for such letters.
tabling member printed	Lord Kennedy of Southwark
uin	HL10071
answer	answer is ministerial correction date of answer 23/11/2020 answer text <p>We are working with the Department of Health and Social Care to identify what more we can do to help victims of domestic abuse access the help they need.</p><p>The Government has committed to reviewing Cross-Government Bureaucracy in General Practice, and will assess as part of this work, amongst other things, who the correct clinicians are to complete such documentation and what charge, if any, should be imposed. The British Medical Association have written to GPs to recommend that they do not charge victims of domestic abuse for the completion and signing of legal aid letters whilst this work is ongoing.</p><p>Earlier this year the Ministry of Justice widened the evidence requirements for domestic abuse victims, making it easier for victims to obtain and provide the evidence they need to access legal aid.</p> answering member printed Baroness Scott of Bybrook question first answered 23/11/2020 16:03:04 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	4153 label Biography information for Lord Kennedy of Southwark

1249865

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Administration of Justice: Finance
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of the sustainability of the current funding for the justice system; and what assessment they have made of the Bar Council’s recommendation that an additional £2.48 billion of funding for the justice budget is required.
tabling member printed	Lord Taylor of Warwick
uin	HL10130
answer	answer is ministerial correction date of answer 23/11/2020 answer text <p>Government has invested significantly in justice over the last few years which includes an additional £1.3bn in 19/20, and an extra 4.9% real terms increase in the 2020/21 Spending Round settlement. This has put the department’s funding on a more sustainable footing.</p><p>In addition, further financial support has been announced throughout 2020/21 including an extra £285m in June for improvements to the Courts and Prisons system to maintain priorities through Covid-19. On top of this, to support the increase pressures on Courts and Tribunals, we recently announced additional funding of £80m as well as an extra £51 million for criminal advocates and solicitors in the Legal Aid sector. This funding is a step forward in making improvements and ensuing a better balance across justice functions.</p><p>The Ministry continuously seeks to ensure, through any investment, that it improves the sustainability of the system and will continue to push further where necessary and appropriate. The Chancellor will confirm future year funding at conclusion of Spending Review 2020.</p> answering member printed Baroness Scott of Bybrook question first answered 23/11/2020 17:23:24 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	1796 label Biography information for Lord Taylor of Warwick

1249866

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Opinion: Welfare State
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to introduce early access legal advice for social welfare issues.
tabling member printed	Lord Taylor of Warwick
uin	HL10131
answer	answer is ministerial correction date of answer 23/11/2020 answer text <p>We are carefully considering a number of changes across the full breadth of early legal support including for social welfare issues, focusing on what works for the people who need it.</p><p>Legal aid is central to access to justice, but it is only one part of a broader picture. We also intend to explore the role technology can play in helping people identify and resolve their legal issues, and will continue to review this as we recover from Covid-19. We want to be as ambitious as possible in this space to enhance further the availability of early support.</p><p>We have recently delivered additional investment of over £5m for not for profit organisations who provide specialist legal advice, such as Law Centres, and a number of other charities. In addition, in partnership with the Access to Justice Foundation, we have launched our £3.1m grant to fund services to help litigants in person dealing with a civil or family law matter. The new grant is designed to fund services provided at local, regional and national levels with the aim of understanding more about how they can combine to help people. Over £750,000 has already been awarded to national charities establishing new services that can be accessed across England and Wales, as well as to a number of specialist advice organisations supporting people through the COVID-19 pandemic.</p><p>A further £2m is being awarded this autumn to smaller not-for-profit organisations working in partnership at regional and local levels. This new grant is in addition to the more than £9m that the MoJ has invested in support for litigants in person, since 2015, through our existing Litigants in Person Support Strategy.</p> answering member printed Baroness Scott of Bybrook question first answered 23/11/2020 17:14:44 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	1796 label Biography information for Lord Taylor of Warwick

1249867

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Remote Hearings
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what steps they are taking to expand the virtual court estate for short or preliminary hearings, and non-complex matters.
tabling member printed	Lord Taylor of Warwick
uin	HL10132
answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>In response to the COVID19 pandemic, we rapidly expanded audio and video technology capability, enabling judges and magistrates to conduct many more remote hearings. This included rolling out use of the ‘Cloud Video Platform’ (CVP), which was already in use in some jurisdictions, across all jurisdictions over the spring and summer. This has enabled many cases to be heard that otherwise would have been delayed. We will ensure remote hearings continue to be effectively supported with increased staff support and guidance for users.</p><p>The use of remote hearings is subject to judicial discretion and the interests of justice, and usage varies accordingly. Judicial guidance on the use of remote hearings in different case types has been produced by the judiciary and is available on their website. HMCTS has produced national guidance on remote participation in court and tribunal hearings across jurisdictions which is available on the GOV.UK website.</p> answering member printed Baroness Scott of Bybrook question first answered 24/11/2020 17:42:18 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	1796 label Biography information for Lord Taylor of Warwick

1249868

registered interest
date	09/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Remote Hearings
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to provide additional training for the judiciary on online court proceedings.
tabling member printed	Lord Taylor of Warwick
uin	HL10133
answer	answer is ministerial correction date of answer 23/11/2020 answer text <p>To preserve the independence of the judiciary, the Lord Chief Justice (LCJ), the Senior President of the Tribunals, and the Chief Coroner have statutory responsibility for judicial training, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. Training responsibilities are exercised through the Judicial College.</p><p>The Judicial College works closely with the judiciary and HMCTS to design and deliver appropriate training that supports the judiciary in online court proceedings. To date, a mix of training and guidance materials have been issued to support the use of video technology and online hearings, including both practical use of technology, behaviours and communication styles. The College continues to review training needs and its programme of activity to best support judges to maintain operations during Covid-19.</p> answering member printed Baroness Scott of Bybrook question first answered 23/11/2020 17:28:29 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	1796 label Biography information for Lord Taylor of Warwick

1249232

registered interest
date	05/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Courts: Access
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment his Department has made of the accessibility of all court buildings in England and Wales.
tabling member constituency	Stockton North
tabling member printed	Alex Cunningham
uin	112053
answer	answer is ministerial correction date of answer 10/11/2020 answer text <p>We are committed to ensuring our courts are accessible to all our users and we aim to list cases at suitable venues when there are access needs.</p><p>HMCTS will provide reasonable adjustments for court and tribunal users with disabilities and takes steps to avoid treating people less favourably because of their disability. Court and tribunal users are encouraged to get in touch before a hearing to discuss any particular adjustments they may need. Various mitigations will be explored, depending on the support required. For buildings, adjustments may include use of video-conferencing from a remote site, ensuring venues have ramps or accessible toilets, lifts able to accommodate wheelchairs, or hearing loops.</p><p>The modernisation and investment taking place across the justice system will mean that fewer people will need to attend court, as we make use of technology such as video-conferencing and online services. We have rapidly expanded our audio and video technology capability in direct response to the impacts of coronavirus (COVID-19), enabling more remote hearings which reduce the need for people to attend a physical court building.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 10/11/2020 15:59:25 answering member 4503 label Biography information for Chris Philp
tabling member	4122 label Biography information for Alex Cunningham

1249233

registered interest
date	05/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Judiciary: Equality
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what plans he has to encourage increased diversity among (a) judicial appointments to the Supreme Court during its current recruitment process and (b) all judicial appointments.
tabling member constituency	Stockton North
tabling member printed	Alex Cunningham
uin	112054
answer	answer is ministerial correction date of answer 10/11/2020 answer text <p>The selection process for a new Justice of the Supreme Court is laid down in the Constitutional Reform Act 2005. The Lord Chancellor convenes a selection commission, which is chaired by the President of the Supreme Court and includes another UK judge and three lay members.</p><p>Following consultation with the Lord Chancellor, the selection commission has issued materials which make clear that it welcomes applications from the widest range of applicants eligible to apply, including those who are not currently full-time judges, and particularly encourages applications from those who would increase the diversity of the Court. The selection commission has launched targeted digital adverts and promoted the vacancy to relevant committees and groups of the Law Society, Bar Council and the Society of Legal Scholars (an association of university teachers of law), the Government Legal Service and equivalent government legal departments in the devolved nations.</p><p>This activity is further supported by:</p><ul><li>A series of short podcasts, featuring interviews with serving Justices, which will launch on the Supreme Court’s website later this week. Justices speak about their career path and why they applied to become a Justice, as well as sharing insights into what the process felt like and what advice they would give someone thinking of applying; and</li><li>The offer of a confidential familiarisation telephone call, to discuss working at the Supreme Court with the Chief Executive or a Justice, for eligible candidates.</li><li>Under changes introduced by the Crime and Courts Act 2013, where two candidates are deemed to be of equal merit, the commission can give preference to one candidate over the other for the purpose of increasing diversity within the Court.</li></ul><p>The Lord Chancellor has a shared statutory responsibility for judicial diversity alongside the Lord Chief Justice and the Chair of the Judicial Appointments Commission (JAC). All three are members of the Judicial Diversity Forum, which brings together leaders from organisations across the legal sector to improve judicial diversity.</p><p>The Judicial Diversity Forum’s first combined statistical report was published on 17 September 2020, bringing together data on the diversity of the judiciary, judicial appointments and from the relevant legal professions (solicitors, barristers and legal executives). Published alongside the statistical report is a summary of the wide range of actions that its members are undertaking – at different career stages, either collectively or individually to help increase judicial diversity. The statistical report and the Action Plan were published on the Judicial Appointments Commission website: <a href="https://www.judicialappointments.gov.uk/news/new-combined-statistical-report-gives-insight-diversity-judiciary" target="_blank">https://www.judicialappointments.gov.uk/news/new-combined-statistical-report-gives-insight-diversity-judiciary</a></p> answering member constituency Croydon South answering member printed Chris Philp question first answered 10/11/2020 18:59:21 answering member 4503 label Biography information for Chris Philp
tabling member	4122 label Biography information for Alex Cunningham