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45485

	registered interest
	date	26/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they consider that the current legislation against female genital mutilation provides sufficient protection against the practice, whether carried out in the United Kingdom or abroad.
	tabling member printed	Baroness Gould of Potternewton
	uin	HL6350
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p> </p><p> </p><p>The Government is committed to tackling and preventing the harmful and unacceptable practice of female genital mutilation.</p><p> </p><p>The Female Genital Mutilation Act 2003 extended significantly the protection that the law affords to victims of this unacceptable practice. However, to deal with perpetrators of these offences, cases must be reported to the police and the evidential and public interest tests for prosecution must be met. At the time of mutilation, victims may be too young and vulnerable, or too afraid, to report offences. They may also be reluctant to implicate family members. These barriers to prosecution cannot easily be overcome. Therefore it is important to find ways of building a case that do not necessarily rely on the testimony of child victims.</p><p> </p><p>As part of cross-government work, the Ministry of Justice is already considering suggestions made by the Director of Public Prosecutions for strengthening the criminal law on female genital mutilation to make successful prosecutions more likely.</p><p> </p><p>We welcome the Home Affairs Select Committee inquiry into this area and will give careful consideration to any additional recommendations for legislative change that may be made by the Committee when it reports in due course.</p><p> </p><p> </p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	3573 label Biography information for Baroness Gould of Potternewton

45784

	registered interest
	date	27/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government when the provision in the Financial Services (Banking Reform) Act 2013, whereby complaints against claims management companies can be made to the Legal Services Ombudsman, will be implemented.
	tabling member printed	Baroness Hayter of Kentish Town
	uin	HL6433
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p> </p><p> </p><p>The Financial Services (Banking Reform) Act 2013 provided the necessary enabling powers to put in place the funding arrangements for the Legal Ombudsman to deal with complaints against claims management companies. These provisions were commenced on 21 March 2014. This included a power for the Lord Chancellor to make Regulations to charge fees to recover the costs he has incurred in meeting the expenditure of the Legal Ombudsman in relation to claims management complaints.</p><p>Section 161 of the Legal Services Act 2007 will, once commenced, extend the Legal Ombudsman's remit to deal with complaints against claims management companies. We are continuing to work towards commencing section 161 of the 2007 Act, but prior to this we must ensure that all the necessary legislative arrangements are in place. This includes consulting on the structure of the Lord Chancellor's cost recovery fee and drafting the fee Regulations, which must then be approved by Parliament. At the same time, the Legal Ombudsman is working on the operational arrangements for taking these complaints, and thus we will deliver this new regime as soon as possible.</p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

45734

	registered interest
	date	27/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what steps they will take to ascertain the number of ex-service personnel receiving (1) custodial, and (2) non-custodial, sentences.
	tabling member printed	Lord Beecham
	uin	HL6383
	answer	answer is ministerial correction date of answer 10/04/2014 answer text <p> </p><p> </p><p>The Ministry of Justice does not centrally collate or hold information on the current or previous occupations of those receiving custodial or non-custodial sentences; it is therefore not possible to identify ex-service personnel within centrally held data sources. However, in September 2010, the MOJ and Defence Analytical Services and Advice (DASA) published an estimate of the number of regular ex-service personnel in prison in England and Wales and in March 2011, the MOJ and DASA published a further estimate of the number of regular ex-service personnel under probation supervision in England and Wales.</p><p>Copies of the reports are available via the following links:</p><p><a href="https://www.gov.uk/government/publications/ex-armed-forces-prisoners-in-england-and-wales-statistics-2010" target="_blank">https://www.gov.uk/government/publications/ex-armed-forces-prisoners-in-england-and-wales-statistics-2010</a></p><p> </p><p><a href="https://www.gov.uk/government/publications/veterans-on-probation-statistics" target="_blank">https://www.gov.uk/government/publications/veterans-on-probation-statistics</a></p> answering member printed Lord Faulks question first answered 10/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	4181 label Biography information for Lord Beecham

45735

	registered interest
	date	27/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they will attempt to measure the re-offending rates of ex-service personnel convicted of criminal offences.
	tabling member printed	Lord Beecham
	uin	HL6384
	answer	answer is ministerial correction date of answer 10/04/2014 answer text <p> </p><p> </p><p>The Ministry of Justice does not centrally collate or hold information on the current or previous occupation of those convicted of criminal offences; therefore it is not possible to provide re-offending rates for ex-service personnel in the criminal justice system.</p><p> </p><p>Rory Stewart MP has been invited to conduct an independent review of ex-Service personnel within the criminal justice system. He has been asked to consider the needs of ex-Services personnel, current rehabilitation available to them, how they are identified and best practice. The Review is due to report back in autumn 2014 and we will then consider his recommendations.</p> answering member printed Lord Faulks question first answered 10/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	4181 label Biography information for Lord Beecham

44578

	registered interest
	date	24/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how much has been paid in legal aid fees over the last five years to law firms Public Interest Lawyers and Leigh Day to conduct cases alleging abuse by British soldiers.
	tabling member printed	Lord Blencathra
	uin	HL6235
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>The Legal Aid Agency (LAA) cannot separately identify legal aid cases for those Iraqis alleging abuse by British Soldiers without disproportionate costs. Legal aid cases are not systematically recorded against nationality or cause of action.</p><p> </p><p>Leigh Day have not acted under legal aid in these types of cases. Public Interest Lawyers have acted for Iraqi clients under legal aid in cases seeking investigations into deaths and mistreatment.</p><p> </p><p> </p><p>The net payments to Public Interest Lawyers over the past five years were:</p><p> </p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Amount</strong></p></td></tr><tr><td><p>2008/09</p></td><td><p>£628,527.75</p></td></tr><tr><td><p>2009/10</p></td><td><p>£267,433.88</p></td></tr><tr><td><p>2010/11</p></td><td><p>£439,268.02</p></td></tr><tr><td><p>2011/12</p></td><td><p>£331,238.85</p></td></tr><tr><td><p>2012/13</p></td><td><p>£54,387.48</p><p> </p></td></tr></tbody></table><p>These payments cover all work undertaken by the firm under legal aid. The payments made will be offset by recoupment on successful cases where the opponent has paid the costs.</p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	497 label Biography information for Lord Blencathra

44579

	registered interest
	date	24/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they plan to take steps to recover legal aid payments to the firm Public Interest Lawyers following their statement on 20 March that there was no evidence that British soldiers had murdered 20 Iraqis.
	tabling member printed	Lord Blencathra
	uin	HL6236
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>Legal aid is not funding the Al-Sweady Inquiry. There are therefore no plans to recover payments made from legal aid to Public Interest Lawyers following their statement on 20 March.</p><p> </p><p>On 20 March, at the Al-Sweady Inquiry into the most serious allegations against British soldiers in the Iraq War, lawyers representing Iraqi families withdrew their claim that the troops had killed unarmed civilians they had captured and brought back to an army base.</p><p> </p><p>The inquiry continues and the statement on 20 March does not mean that the inquiry has been abandoned.</p><p> </p><p>Legal aid was provided for an action prior to the Inquiry. Legal aid was provided to Iraqi applicants to seek an independent and effective investigation into deaths and torture or inhumane and degrading treatment in relation to the incident at checkpoint Danny Boy in Iraq in May 2004. As a result of these proceedings, the Secretary of State for Defence decided to hold the Al-Sweady Inquiry. This action was therefore successful in its aim.</p><p> </p><p>The Inquiry is not yet complete and the Chairman's report is not due to be published until later in the year. Public Interest Lawyers's statement refers to part only of the allegations made and the Ministry of Justice awaits the Inquiry Report before commenting further.</p><p> </p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	497 label Biography information for Lord Blencathra

44580

	registered interest
	date	24/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they plan to investigate United Kingdom law firms pursuing claims of unfounded abuse by British soldiers.
	tabling member printed	Lord Blencathra
	uin	HL6237
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>There are no plans to investigate the firms as they are not funded under the legal aid regulations or their contract with the Lord Chancellor in the Al-Sweady inquiry. It would not be reasonable to investigate the firms under their contract in relation to a matter arising outside their contract.</p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	497 label Biography information for Lord Blencathra

45755

	registered interest
	date	27/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	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 functioning of the inquest system in the absence of publicly funded legal representation for the families of deceased victims of actions on the part of the police or other public authorities.
	tabling member printed	Lord Boateng
	uin	HL6404
	answer	answer is ministerial correction date of answer 10/04/2014 answer text <p> </p><p> </p><p>The Government is confident that the inquest system is functioning effectively following reforms introduced last July under the Coroners and Justice Act 2009. We are committed to reviewing the impact of the reforms in 2015.</p><p>In addition, the Government has specifically protected legal aid for families at inquests. Legal Help (the advice and assistance level of legal aid) remains routinely available within the scope of the civil legal aid scheme. In exceptional circumstances funding can also be provided for the family's legal representation at the inquest pursuant to section 6(8)(b) of the Access to Justice Act 1999 (AJA) or section 10(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (the applicable legislation depending on the date of the original application). A means test applies but can be waived in certain circumstances.</p><p>The Lord Chancellor is prevented by statute from giving directions and guidance to the Legal Aid Agency in relation to an individual case, but has published general guidance to which the Director of Legal Aid Casework must have regard when making individual decisions on applications for exceptional funding for representation at inquests. The guidance sets out the relevant criteria and specifically addresses inquests where there is a death in custody or a death in the course of police arrest, search, pursuit or shooting.</p><p>Following a review of its decision in the Groce family's case, the Legal Aid Agency made a funding request to the Lord Chancellor. The Lord Chancellor has considered the request and has granted funding</p><p> </p> answering member printed Lord Faulks grouped question UIN HL6405 HL6406 HL6407 question first answered 10/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	147 label Biography information for Lord Boateng

45756

	registered interest
	date	27/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they intend to review the effectiveness of the inquest system in respect of the absence of a duty on the Legal Aid Agency to ensure publicly funded legal representation at inquests for families of victims of deaths in custody from the actions of police officers or in circumstances of failures in the duty of care of public authorities.
	tabling member printed	Lord Boateng
	uin	HL6405
	answer	answer is ministerial correction date of answer 10/04/2014 answer text <p> </p><p> </p><p>The Government is confident that the inquest system is functioning effectively following reforms introduced last July under the Coroners and Justice Act 2009. We are committed to reviewing the impact of the reforms in 2015.</p><p>In addition, the Government has specifically protected legal aid for families at inquests. Legal Help (the advice and assistance level of legal aid) remains routinely available within the scope of the civil legal aid scheme. In exceptional circumstances funding can also be provided for the family's legal representation at the inquest pursuant to section 6(8)(b) of the Access to Justice Act 1999 (AJA) or section 10(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (the applicable legislation depending on the date of the original application). A means test applies but can be waived in certain circumstances.</p><p>The Lord Chancellor is prevented by statute from giving directions and guidance to the Legal Aid Agency in relation to an individual case, but has published general guidance to which the Director of Legal Aid Casework must have regard when making individual decisions on applications for exceptional funding for representation at inquests. The guidance sets out the relevant criteria and specifically addresses inquests where there is a death in custody or a death in the course of police arrest, search, pursuit or shooting.</p><p>Following a review of its decision in the Groce family's case, the Legal Aid Agency made a funding request to the Lord Chancellor. The Lord Chancellor has considered the request and has granted funding</p><p> </p> answering member printed Lord Faulks grouped question UIN HL6404 HL6406 HL6407 question first answered 10/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	147 label Biography information for Lord Boateng

45757

	registered interest
	date	27/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what guidelines have been issued to the Legal Aid Agency to ensure that families of deceased victims are legally represented at an inquest where criminal charges have previously been investigated.
	tabling member printed	Lord Boateng
	uin	HL6406
	answer	answer is ministerial correction date of answer 10/04/2014 answer text <p> </p><p> </p><p>The Government is confident that the inquest system is functioning effectively following reforms introduced last July under the Coroners and Justice Act 2009. We are committed to reviewing the impact of the reforms in 2015.</p><p>In addition, the Government has specifically protected legal aid for families at inquests. Legal Help (the advice and assistance level of legal aid) remains routinely available within the scope of the civil legal aid scheme. In exceptional circumstances funding can also be provided for the family's legal representation at the inquest pursuant to section 6(8)(b) of the Access to Justice Act 1999 (AJA) or section 10(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (the applicable legislation depending on the date of the original application). A means test applies but can be waived in certain circumstances.</p><p>The Lord Chancellor is prevented by statute from giving directions and guidance to the Legal Aid Agency in relation to an individual case, but has published general guidance to which the Director of Legal Aid Casework must have regard when making individual decisions on applications for exceptional funding for representation at inquests. The guidance sets out the relevant criteria and specifically addresses inquests where there is a death in custody or a death in the course of police arrest, search, pursuit or shooting.</p><p>Following a review of its decision in the Groce family's case, the Legal Aid Agency made a funding request to the Lord Chancellor. The Lord Chancellor has considered the request and has granted funding</p><p> </p> answering member printed Lord Faulks grouped question UIN HL6404 HL6405 HL6407 question first answered 10/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	147 label Biography information for Lord Boateng