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1171792

	registered interest
	date	20/01/2020
	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 specific offences are categorised as a hate crime; and what are the criteria for such categorisation.
	tabling member printed	Lord Browne of Belmont
	uin	HL554
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The law responds to hate crime in four ways by:</p><ul><li>providing for additional “aggravated” offences with longer sentences in the Crime and Disorder Act 1998 if an offender demonstrated hostility or was motivated by hostility based on race or religion.</li><li>prohibiting conduct that is likely to stir up hatred on grounds of race, or intended to do so on grounds of religion or sexual orientation in the Public Order Act 1986.</li><li>providing for enhanced sentencing under sections 145 and 146 of the Criminal Justice Act 2003 if hostility is motivated by any of the five protected characteristics: disability, transgender status, race, religion or sexual orientation; and</li><li>providing Sentencing guidelines. Section 125(1) of the Coroners and Justice Act 2009 requires that a sentencing judge must follow any sentencing guideline which is relevant to their case. This includes, for example, consideration of whether the offence was motivated by racial or religious hostility, or if it was motivated by or demonstrated hostility towards the victim based on one or more of several of the victim’s characteristics: age, sex, gender identity (or presumed gender identity), disability (or presumed disability) or sexual orientation.</li></ul><p>The Government have invited the Law Commission to review the law relating to hate crime and to make recommendations to the Government for its reform. The review began in March 2019.</p><p> </p><p>Specifically, the Law Commission have been asked to consider the current range of offences and aggravating factors in sentencing, and to make recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred towards protected groups or characteristics. The review will also take account of the existing range of protected characteristics, identifying any gaps in the scope of protection currently offered under the law and making recommendations to promote a consistent approach.</p><p> </p><p>The Law Commission plan to issue a consultation on this matter in early 2020. Further information on the review can be found on the Law Commission webpage at: <a href="https://www.lawcom.gov.uk/project/hate-crime/" target="_blank">https://www.lawcom.gov.uk/project/hate-crime/</a></p> answering member printed Lord Keen of Elie question first answered 29/01/2020 13:53:46 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3801 label Biography information for Lord Browne of Belmont

44263

	registered interest
	date	20/03/2014
	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 customer, user and satisfaction surveys were conducted in the last 12 months in the Ministry of Justice and the agencies that report to it; which of them have been reported to the management board in the last 12 months; and which were commissioned by the management board.
	tabling member printed	Lord Mendelsohn
	uin	HL6212
	answer	answer is ministerial correction date of answer 03/04/2014 answer text <p> </p><p> </p><p>The Ministry of Justice and its agencies (the National Offender Management Service, the Legal Aid Agency and the Office of the Public Guardian) have conducted the following customer, user and satisfaction surveys in the last 12 months:</p><p> </p><p><strong>Ministry of Justice:</strong></p><ul><li>Pilot postal and telephone survey with civil court customers</li><li>E-questionnaire with individuals and businesses who have brought commercial cases to the rolls building</li><li>Inclusion of questions in the Crime Survey for England and Wales to explore views and experiences of users of our services</li></ul><p>These surveys were not commissioned by the Executive Committee and the findings from these surveys have not been reported to the Committee.</p><p> </p><p><strong>National Offender Management Service:</strong></p><ul><li>The Offender Management Feedback Questionnaire (OMFQ) survey of offenders under probation supervision</li><li>The Measuring the Quality of Prison Life (MQPL) survey of prisoners</li></ul><p>The results of both surveys are reported to the NOMS Agency Board. The OMFQ was agreed at Director level, and the MQPL surveys are undertaken for many years with the agreement of the NOMS Agency Board.</p><p> </p><p> </p><p><strong>Office of the Public Guardian:</strong></p><ul><li>Deputy customer satisfaction survey</li><li>Lasting power of attorney (LPA) customer satisfaction survey</li><li>Digital LPA tool user feedback survey – at the end of the online digital application process</li></ul><p>These surveys were commissioned/approved by the OPG Board, and the survey results have been passed to the board.</p><p> </p><p><strong>Legal Aid Agency:</strong></p><ul><li>Client satisfaction surveys with users of the civil legal aid telephone advice service</li><li>Survey to pilot users of the new civil legal aid online system</li><li>Customer service survey of legal aid providers</li><li>Other ad hoc customer satisfaction surveys</li></ul><p>The findings from the surveys with users of the civil legal aid telephone advice service have been reported to the LAA Board. The remaining surveys have not been reported to or commissioned by the LAA Board.</p><p> </p><p>Her Majesty's Courts and Tribunals Service have not conducted any surveys in the last 12 months.</p> answering member printed Lord Faulks question first answered 03/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	4286 label Biography information for Lord Mendelsohn

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

44584

	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 migrants detained in HM Prison The Verne from 24 March will have access to (1) Rule 35 procedures to determine whether their health would be damaged by detention, for example, due to a history of torture, (2) mobile telephones and the internet, (3) the ability to receive telephone calls from solicitors, family and friends, and (4) on-site legal advice surgeries; and if not, why not.
	tabling member printed	Lord Roberts of Llandudno
	uin	HL6241
	answer	answer is ministerial correction date of answer 07/04/2014 answer text <p> </p><p> </p><p>HM Prison The Verne started taking immigration detainees as scheduled from 24 March 2014. The National Offender Management Service (NOMS) will retain The Verne as a prison in the short term. Its designation as a prison will be reviewed later this year, with the intention of completing the re-designation to an immigration removal centre by the end of September 2014.</p><p> </p><p>While The Verne retains its designation as a prison it will be governed by Prison Rules rather than Detention Centre Rules. As The Verne is not governed by Detention Centre Rules, Rule 35 of those rules is not applicable.</p><p> </p><p>Detainees held at The Verne will be treated in the same way as other detainees held within the prison estate. As such they will not have access to mobile telephones or the internet, nor will they be able to receive telephone calls. They will, however, be able to make telephone calls and will have access to both social and legal visits.</p><p> </p><p>There is a dedicated Home Office Immigration Enforcement Team on site who will see detainees routinely on induction and upon request. In addition, independent immigration advice will be provided by Migrant Help.</p> answering member printed Lord Faulks question first answered 07/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	3691 label Biography information for Lord Roberts of Llandudno

44881

	registered interest
	date	25/03/2014
	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 the Lord Chancellor considers that the rehabilitation and behaviour of prisoners will be encouraged by preventing them receiving books by post.
	tabling member printed	Lord Fellowes
	uin	HL6284
	answer	answer is ministerial correction date of answer 10/04/2014 answer text <p> </p><p> </p><p>Up to 12 books may be held by prisoners in their cell at any one time. Prisoners may have additional books stored locally at the prison. Every prison has a library, to which every prisoner has access.</p><p> </p><p>Ministers have not made any policy changes specifically about the availability of books in prisons. The changes to the Incentives and Earned Privileges national policy framework we introduced last year in relation to parcels were introduced to ensure consistency across the estate and to make sure that security can be maintained. There have always been controls on the sending of parcels into prisons, and allowing parcels to be sent in unrestricted would be operationally unmanageable and would lead to a significant risk of drugs and other illicit items being smuggled into prisons.</p><p> </p><p>The National Offender Management Service works closely with the Shannon Trust to support schemes such as 'Toe by Toe', which includes peer mentoring to improve reading levels.</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	2473 label Biography information for Lord Fellowes

44917

	registered interest
	date	25/03/2014
	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 is their assessment of the Law Society's practice note on drawing up wills which are compliant with Sharia law.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL6320
	answer	answer is ministerial correction date of answer 03/04/2014 answer text <p> </p><p> </p><p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The Law Society's practice note gives guidance to solicitors preparing wills under the law of England and Wales. It is a fundamental principle of this law that testators are, by making a valid will, able to leave their property to whomsoever they wish, subject only to the Inheritance (Provision for Family and Dependants) Act 1975. The practice note does not and cannot change the law.</p> answering member printed Lord Faulks question first answered 03/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

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

45730

	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 consideration they are giving to the Howard League for Penal Reform's request to the Ministry of Justice to reverse their ban on family and friends sending books to prisoners.
	tabling member printed	Lord Alton of Liverpool
	uin	HL6379
	answer	answer is ministerial correction date of answer 28/04/2014 answer text <p /> <p /> <p>There are important reasons why we have restricted the sending in of parcels by families and friends of prisoners and we do not intend to withdraw those restrictions. The changes we introduced last year in relation to parcels were to ensure consistency across the estate and to make sure that security can be maintained. There have always been controls on the sending of parcels into prisons, and allowing parcels to be sent in unrestricted would be operationally unmanageable and would lead to a significant risk of drugs and other illicit items being smuggled into prisons.</p><p> </p><p> </p><p> </p><p>We have always recognised the importance of reading and literature in the rehabilitative process, and the positive effects these have on prisoners' welfare. <em>Every prison has a library, to which every prisoner has access. Prisoners may hold up to 12 books in their cell at any one time, and additional books can be stored locally at the prison. </em>The National Offender Management Service also works closely with the Shannon Trust to support schemes such as 'Toe by Toe', which includes peer mentoring to improve reading levels.<em> </em></p> answering member printed Lord Wallace of Saltaire question first answered 28/04/2014 12:00:00 answering member 1816 label Biography information for Lord Wallace of Saltaire
	tabling member	738 label Biography information for Lord Alton of Liverpool