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1005633
star this property registered interest false more like this
star this property date less than 2018-11-12more like thismore than 2018-11-12
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Brexit: Northern Ireland more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government whether they intend to publish the legal advice prepared by the Attorney General for the Prime Minister on the Irish backstop proposals for the Brexit negotiations; whether the full advice was made available to members of the Cabinet; and if not, why not. more like this
star this property tabling member printed
Lord Myners more like this
star this property uin HL11404 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-26more like thismore than 2018-11-26
star this property answer text <p>The Government recognises the legitimate desire in Parliament, from Members on all sides and in both Houses, to understand the legal implications of the final Withdrawal Agreement. The Government will therefore make available to all members of Parliament a full, reasoned position statement, setting out the Government’s agreed legal position on the Agreement, including the Irish backstop proposals. The Attorney will also make a statement to the House of Commons and take questions. This will help to ensure Parliament has all appropriate information ahead of the vote on the final deal.</p><p> </p><p>We expect the Attorney General’s statement to be repeated in the Lords, with questions.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-11-26T13:40:39.573Zmore like thismore than 2018-11-26T13:40:39.573Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3869
unstar this property label Biography information for Lord Myners more like this
1012534
star this property registered interest false more like this
star this property date less than 2018-11-22more like thismore than 2018-11-22
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government, further to the reply by Baroness Vere of Norbiton on 6 December 2017 (HL Deb, col 1051), whether Baroness Vere of Norbiton wrote to the Director of Public Prosecutions to ask whether she agrees that the definition of hate crime is broader than what is in statute and on what authority any broadening was based; and if so, what reply she received. more like this
star this property tabling member printed
Lord Pearson of Rannoch more like this
star this property uin HL11726 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-04more like thismore than 2018-12-04
star this property answer text <p>Baroness Vere of Norbiton wrote to the Director of Public Prosecutions (DPP) on 13 December 2017. The DPP provided her response on 9 January 2018.</p><p> </p><p>In her response, the then DPP confirmed that the flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007 and that it is wider than the definition set out in legislation to ensure all relevant cases are captured.</p><p> </p><p>The CPS adopted the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report also recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p> </p><p>The recommendations of the Macpherson report were welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p> </p><p>In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p> </p><p>In her letter, the then DPP also confirmed that the CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-12-04T13:13:56.54Zmore like thismore than 2018-12-04T13:13:56.54Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3153
unstar this property label Biography information for Lord Pearson of Rannoch more like this
1056451
star this property registered interest false more like this
star this property date less than 2019-02-06more like thismore than 2019-02-06
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Royal Albert Hall more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government when they estimate that the Attorney General will give his definitive ruling on the points of law arising from the case of the Royal Albert Hall and the Charity Commission. more like this
star this property tabling member printed
Lord Hodgson of Astley Abbotts more like this
star this property uin HL13508 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-02-18more like thismore than 2019-02-18
star this property answer text <p>Last year the Charity Commission wrote to the Attorney General requesting his consent to refer five questions to the First-Tier Tribunal concerning the Corporation of the Hall of Arts and Sciences – i.e. the Royal Albert Hall, which is a registered charity. While the Charity Commission has the power to refer questions to the Tribunal, it may only do so with the consent of the Attorney General, as set out in section 325 of the Charities Act 2011.</p><p> </p><p>This is a complex case involving the application of modern day charity law to an organisation established over 150 years ago. Before making an assessment as to whether consent should be given to the Commission’s request, both the Corporation and the Commission were invited to make further representations to the Attorney General’s Office. It is important that these are considered carefully, taking into account all relevant factors. While it is not possible to provide an exact estimate as to when a decision will be made, the matter is being given careful thought with a view to reaching a decision as soon as possible.</p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2019-02-18T13:57:05.797Zmore like thismore than 2019-02-18T13:57:05.797Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
1651
unstar this property label Biography information for Lord Hodgson of Astley Abbotts more like this
1059216
star this property registered interest false more like this
star this property date remove maximum value filtermore like thismore than 2019-02-11
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Sir Philip Green more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government whether Sir Phillip Green or any company, trust or other entity associated with him, has obtained an injunction against Her Majesty's Government or any government departments, agencies or public bodies since May 2010; if so, when any such injunction was granted; and when it was withdrawn. more like this
star this property tabling member printed
Lord Myners more like this
star this property uin HL13602 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-02-21more like thismore than 2019-02-21
star this property answer text <p>The Government Legal Department (GLD) conducts civil litigation on behalf of most government departments and many (but not all) executive agencies and non-departmental public bodies.</p><p>GLD has no record of any injunctions obtained by Sir Philip Green, or any entity known by GLD to be connected with him, against any of the departments, agencies or bodies to which GLD provides litigation services.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2019-02-21T12:19:00.177Zmore like thismore than 2019-02-21T12:19:00.177Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3869
unstar this property label Biography information for Lord Myners more like this
381611
star this property registered interest false more like this
star this property date less than 2015-06-16more like thismore than 2015-06-16
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Budgets: Northern Ireland more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government whether they have sought legal advice or consulted the Law Officers regarding the budget passed by the Northern Ireland Assembly on 15 June. more like this
star this property tabling member printed
Lord Empey more like this
star this property uin HL527 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-06-29more like thisremove minimum value filter
star this property answer text <p>The Government is monitoring developments in relation to the finances of the Northern Ireland Executive closely. By long-standing convention, observed by successive administrations and embodied in the Ministerial Code, the fact that the Law Officers may or may not have advised or have been requested to advise on a particular issue, and the content of any advice, is not disclosed outside government.</p><p> </p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2015-06-29T10:50:38.583Zmore like thismore than 2015-06-29T10:50:38.583Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
4216
unstar this property label Biography information for Lord Empey more like this
387751
star this property registered interest false more like this
star this property date less than 2015-07-06more like thismore than 2015-07-06
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Islamic State: Flags more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government how many prosecutions there have been as a result of displaying the ISIL flag in the United Kingdom. more like this
star this property tabling member printed
The Marquess of Lothian more like this
star this property uin HL1128 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-07-17more like thismore than 2015-07-17
star this property answer text <p>Proscription is an important means of disrupting terrorist organisations in the UK. The Islamic State of Iraq and the Levant (ISIL) also known as The Islamic State of Iraq al-Sham (ISIS) was proscribed as a terrorist organization in the UK with effect from 20 June 2014.</p><p> </p><p> </p><p> </p><p>Section 13 of the Terrorism Act 2000 provides that a person commits an offence if he, in a public place, wears an item of clothing or wears, carries or displays article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation. Flags would come within the definition of “article”. This is a summary only offence carrying a maximum of six months imprisonment or a fine.</p><p> </p><p> </p><p> </p><p>To date there have been no prosecutions in England and Wales as a result of displaying a flag in such a way or in such circumstances as to arouse reasonable suspicion that the person displaying it is a member or supporter of ISIL. A black flag of the type associated with ISIL has featured in a number of prosecutions of individuals for more serious terrorist offences.</p><p> </p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2015-07-17T12:22:22.803Zmore like thismore than 2015-07-17T12:22:22.803Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
259
unstar this property label Biography information for The Marquess of Lothian more like this
392013
star this property registered interest false more like this
star this property date less than 2015-07-21more like thismore than 2015-07-21
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading FIFA more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government whether the Serious Fraud Office is currently investigating allegations of serious or complex fraud, bribery and corruption in the case of FIFA officials; and whether, in this context, they are actively and fully co-operating with American and Swiss law officers. more like this
star this property tabling member printed
Lord Moynihan more like this
star this property uin HL1776 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-07-28more like thismore than 2015-07-28
star this property answer text <p>The Serious Fraud Office (SFO) has not opened a criminal investigation into allegations relating to FIFA.</p><p>The SFO is keeping the matter under review, but it can open an investigation only if there is reasonable suspicion of serious or complex fraud which can be prosecuted in this country.</p><p> </p><p>The SFO has been in contact with US and Swiss authorities. By international convention, we would not comment on what assistance, if any, is provided.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2015-07-28T15:59:39.687Zmore like thismore than 2015-07-28T15:59:39.687Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
924
unstar this property label Biography information for Lord Moynihan more like this
392087
star this property registered interest false more like this
star this property date less than 2015-07-22more like thismore than 2015-07-22
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Barclays more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government whether ministers have had any discussions with the Serious Fraud Office on a Deferred Prosecution Agreement with Barclays Bank regarding that bank’s rescue plan and fundraising in 2008; and if so, what was the nature of those discussions. more like this
star this property tabling member printed
Lord Tunnicliffe more like this
star this property uin HL1842 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-07-28more like thismore than 2015-07-28
star this property answer text <p>The Law Officers frequently meet representatives of the Serious Fraud Office (SFO) to discuss a variety of issues. However, as was the case with previous Administrations, it is not the Government’s policy to provide details of all such meetings.</p><p> </p><p>The <em>Protocol between the Attorney General and the Prosecuting Departments</em> sets out the relationship between the Attorney General and the SFO. This is published on the Gov.uk website at <a href="https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments" target="_blank">https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments</a></p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2015-07-28T16:00:29.81Zmore like thismore than 2015-07-28T16:00:29.81Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3671
unstar this property label Biography information for Lord Tunnicliffe more like this
434104
star this property registered interest false more like this
star this property date less than 2015-12-03more like thismore than 2015-12-03
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Syria: Military Intervention more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government whether the Attorney General has approved the rules of engagement for the RAF bombing of Syria, and whether he will be consulted regularly to ensure that such military action is carried out in accordance with the Geneva Conventions. more like this
star this property tabling member printed
Lord Morris of Aberavon more like this
star this property uin HL4223 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-12-14more like thismore than 2015-12-14
star this property answer text <p>As the Prime Minister has repeatedly made clear, in carrying out any military action in Syria, the Government will at all times act in accordance with the law.</p><p>In line with the longstanding Law Officers’ Convention, reflected in both the Cabinet Manual and the Ministerial Code, I am unable to provide specific details as to the role of the Attorney General in this matter.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2015-12-14T11:52:58.103Zmore like thismore than 2015-12-14T11:52:58.103Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
565
unstar this property label Biography information for Lord Morris of Aberavon more like this
445756
star this property registered interest false more like this
star this property date less than 2016-01-19more like thismore than 2016-01-19
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Police Interrogation more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty’s Government what are the implications of the police indicating to a person being interviewed under caution that no further action will be taken due to insufficient, or a lack of, evidence. more like this
star this property tabling member printed
Earl Attlee more like this
star this property uin HL5166 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2016-02-02more like thismore than 2016-02-02
star this property answer text <p>The implications in such circumstances are detailed in a written answer on 31 March 1993 by the then Attorney General (Sir Nicholas Lyell), as outlined below.</p><p><em>The fundamental consideration remains that individuals should be able to rely on decisions taken by the prosecuting authorities. The policy of the Director of Public Prosecutions is that a decision to terminate proceedings or not to prosecute should not, in the absence of special circumstances, be altered once it has been communicated to the defendant or prospective defendant unless it was taken and expressed to be taken because the evidence was insufficient. In such a case it would be appropriate to reconsider the decision if further significant evidence were to become available at a later date especially if the alleged offence is a serious one.</em></p><p><em>Special circumstances which might justify departure from this policy include: </em></p><p><em>(1) rare cases where reconsiderations of the original decision show that it was not justified and the maintenance of confidence in the criminal justice system requires that a prosecution be brought notwithstanding the earlier decision; and </em></p><p><em>(2) those cases where termination has been effected specifically with a view to the collection and preparation of the necessary evidence which is thought likely to become available in the fairly near future. In such circumstances the CPS will advise the defendant of the possibility that proceedings will be re-instituted. (Official Report, Col’s 200-201).</em></p><p>Following this written answer and further written ministerial statements, the Crown Prosecution Service has produced guidance for prosecutors to follow concerning the exercise of the CPS discretion to institute, reinstitute or continue proceedings after a suspect has been informed by the police or CPS of a decision not to prosecute. The above mentioned Written Statements are detailed below and are published in the Official Report.</p><p><strong>WMS – Crown Prosecutors Code - 22 February 2010. Column WS64, Baroness Scotland of Asthal. </strong></p><p><strong>WMS - Reconsidering a Prosecution Decision (CPS Guidance) - 31 October 2012, Col 15WS, Rt. Hon Dominic Grieve </strong></p><p><strong>WMS – Victim’s Right to Review - 5 June 2013, Col 99WS, Rt. Hon Dominic Grieve</strong></p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2016-02-02T14:51:25.69Zmore like thismore than 2016-02-02T14:51:25.69Z
unstar this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3425
unstar this property label Biography information for Earl Attlee more like this