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93639

registered interest
date	15/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Bill of Rights Commission
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what the cost to the public purse was of the Commission on a Bill of Rights.
tabling member constituency	Hammersmith
tabling member printed	Mr Andy Slaughter
uin	210669
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p /> <p>The cost of the Commission on a Bill of Rights from its establishment in March 2011, to its final report in December 2012 was approximately £700,000. This figure is also quoted on pg 39 of its final report which is publicly available at <a href="http://www.justice.gov.uk/about/cbr" target="_blank">http://www.justice.gov.uk/about/cbr</a></p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes question first answered 20/10/2014 09:27:53 answering member 194 label Biography information for Simon Hughes
tabling member	1516 label Biography information for Andy Slaughter

93211

registered interest
date	14/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	European Convention on Human Rights
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether the Government plans to sign and ratify Protocol 16 to the European Convention on Human Rights.
tabling member constituency	North East Somerset
tabling member printed	Jacob Rees-Mogg
uin	210425
answer	answer is ministerial correction date of answer 17/10/2014 answer text <p>The Government has no plans to do so.<strong><br></strong></p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes question first answered 17/10/2014 09:55:32 answering member 194 label Biography information for Simon Hughes
tabling member	4099 label Biography information for Sir Jacob Rees-Mogg

93342

registered interest
date	14/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Matrimonial Property
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, when his Department plans to provide an initial response to the Law Commission's report, Matrimonial Property, Needs and Agreements, published in March 2014.
tabling member constituency	Huntingdon
tabling member printed	Mr Jonathan Djanogly
uin	210514
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p>In line with the terms of the protocol we have with the Law Commission, I submitted my preliminary views on the recommendations in the report to the Law Commissioner in March. In September 2014 the Government proposed to the Law Commission that a final response should be given in the next Parliament. This will allow the next Government to give the proposals full consideration without the current pressures on Parliamentary time. The Family Justice Council is also carrying out further work to clarify the meaning of ‘financial need’ in divorce cases. This will include the Council producing guidance for separating couples to help them understand the likely outcomes of their case. We expect this to be completed by the end of the year</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes question first answered 20/10/2014 09:34:00 answering member 194 label Biography information for Simon Hughes
tabling member	1425 label Biography information for Mr Jonathan Djanogly

93351

registered interest
date	14/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Office of the Public Guardian
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what recent assessment he has made of the effectiveness of the Office of the Public Guardian.
tabling member constituency	Hemsworth
tabling member printed	Jon Trickett
uin	210333
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p>The Office of the Public Guardian (OPG) is an Executive Agency of the Ministry of Justice and is subject to regular meetings with me to review its effectiveness. The last meeting took place in June 2014.</p><p> </p><p>I am satisfied that the OPG is performing effectively. During 2013/14 they introduced an online tool for making lasting powers of attorney (LPA), reduced the statutory waiting and objection periods for LPA and, by introducing end-to-end case management, have streamlined the way in which they process applications. They have also reviewed and improved their regime for supervising court appointed deputies.</p><p> </p><p>The number of complaints received in 2013/14 reduced significantly to 3,549, compared with 11,617 complaints received in 2012/13 and 14,814 in 2011/12, despite a significant increase in caseloads across the OPG.</p><p> </p><p>The OPG is not complacent and has undertaken work to enable them to compare complaints by type, yielding more information about trends to help them address the issues and concerns raised by their customers.</p><p> </p><p>Details of the OPG’s performance are published in their annual report which can be found at: http://www.justice.gov.uk/downloads/publications/corporate-reports/OPG/opg-annual-report-accounts-2013-14.pdf</p><p> </p><p>Copies of the annual account and the OPG Framework document which sets out the arrangements for governance and accountability, have already been placed in the Library.</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes question first answered 20/10/2014 13:50:11 answering member 194 label Biography information for Simon Hughes
tabling member	410 label Biography information for Jon Trickett

92887

registered interest
date	13/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Children: Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many maintenance orders made in Spain for enforcement in the UK have not been enforced in the last five years; and for what periods such orders apply.
tabling member constituency	Birkenhead
tabling member printed	Mr Frank Field
uin	210179
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p /> <p>The Ministry of Justice does not collect this information.</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes question first answered 20/10/2014 09:22:47 answering member 194 label Biography information for Simon Hughes
tabling member	478 label Biography information for Lord Field of Birkenhead

92677

registered interest
date	10/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Powers of Attorney
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, if he will assess the merits of the court system assuming responsibility for reviewing power of attorney judgements.
tabling member constituency	Hemsworth
tabling member printed	Jon Trickett
uin	209861
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p>The Government is committed to protecting elderly and vulnerable people, and to making sure that anyone responsible for abuse is dealt with appropriately.</p><p>The Public Guardian has power to investigate cases where concerns are raised about the actions of a person or persons acting under a registered power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian can also refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.</p><p>Anyone who suspects that someone acting under a registered power of attorney is abusing that position should report any suspicion of abuse immediately to the Office of the Public Guardian by:</p><p>Email <a href="mailto:OPG.Safeguardingunit@publicguardian.gsi.gov.uk" target="_blank">OPG.Safeguardingunit@publicguardian.gsi.gov.uk</a>. or</p><p>Telephone: 0300 456 0300</p><p>A power of attorney is a private arrangement where the donor chooses who they wish to appoint and therefore the Government feels that State intervention in this process should be limited. The Lasting Power of Attorney (LPA) application process has been designed so that anyone can complete and register an LPA without the need for professional advice, though with significant safeguards (such as the need for a certificate provider to confirm that the donor has capacity and is not under duress) to cut down on fraud and abuse.</p><p>LPAs also have to be registered prior to use, which is a change from previous Enduring Powers of Attorney which only had to be registered when the donor lost capacity. In the year 2013/14, the Office of the Public Guardian registered 311,000 powers of attorney.</p><p>Requiring individuals to attend court to swear an oath would place a significant strain on court resources (as there is often more than one attorney for each power) and is likely to mean that individuals will feel that they need legal advice to assist them, which would incur legal fees. There might also be an increase in the cost of registering a power to cover the Court cost, which may lead to people not making LPAs, and therefore not being able to make provision for the future.</p><p>Under sections 22 and 23 of the Mental Capacity Act, the Court of Protection has wide-ranging powers to decide on issues relating to the operation or validity of an LPA.</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes grouped question UIN 209849 209850 209854 question first answered 20/10/2014 12:13:04 answering member 194 label Biography information for Simon Hughes
tabling member	410 label Biography information for Jon Trickett

92678

registered interest
date	10/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Guildford Four
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what recent discussions he has had with the Home Secretary and the Secretary of State for Defence on the embargo on Government-held files relating to the Guildford Four.
tabling member constituency	South Down
tabling member printed	Ms Margaret Ritchie
uin	209905
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p /> <p>No such discussions have taken place.</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes question first answered 20/10/2014 09:03:21 answering member 194 label Biography information for Simon Hughes
tabling member	4130 label Biography information for Baroness Ritchie of Downpatrick

92679

registered interest
date	10/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Powers of Attorney
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what procedures are in place for power of attorney to be removed from a person who has abused that power; and what procedures there are for people to complain about someone who has joint power of attorney who may be abusing the fund.
tabling member constituency	Hemsworth
tabling member printed	Jon Trickett
uin	209849
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p>The Government is committed to protecting elderly and vulnerable people, and to making sure that anyone responsible for abuse is dealt with appropriately.</p><p>The Public Guardian has power to investigate cases where concerns are raised about the actions of a person or persons acting under a registered power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian can also refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.</p><p>Anyone who suspects that someone acting under a registered power of attorney is abusing that position should report any suspicion of abuse immediately to the Office of the Public Guardian by:</p><p>Email <a href="mailto:OPG.Safeguardingunit@publicguardian.gsi.gov.uk" target="_blank">OPG.Safeguardingunit@publicguardian.gsi.gov.uk</a>. or</p><p>Telephone: 0300 456 0300</p><p>A power of attorney is a private arrangement where the donor chooses who they wish to appoint and therefore the Government feels that State intervention in this process should be limited. The Lasting Power of Attorney (LPA) application process has been designed so that anyone can complete and register an LPA without the need for professional advice, though with significant safeguards (such as the need for a certificate provider to confirm that the donor has capacity and is not under duress) to cut down on fraud and abuse.</p><p>LPAs also have to be registered prior to use, which is a change from previous Enduring Powers of Attorney which only had to be registered when the donor lost capacity. In the year 2013/14, the Office of the Public Guardian registered 311,000 powers of attorney.</p><p>Requiring individuals to attend court to swear an oath would place a significant strain on court resources (as there is often more than one attorney for each power) and is likely to mean that individuals will feel that they need legal advice to assist them, which would incur legal fees. There might also be an increase in the cost of registering a power to cover the Court cost, which may lead to people not making LPAs, and therefore not being able to make provision for the future.</p><p>Under sections 22 and 23 of the Mental Capacity Act, the Court of Protection has wide-ranging powers to decide on issues relating to the operation or validity of an LPA.</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes grouped question UIN 209850 209854 209861 question first answered 20/10/2014 12:13:04 answering member 194 label Biography information for Simon Hughes
tabling member	410 label Biography information for Jon Trickett

92681

registered interest
date	10/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Powers of Attorney
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, if he will assess the merits of requiring people applying for power of attorney to attend court and swear on oath to uphold power of attorney conditions.
tabling member constituency	Hemsworth
tabling member printed	Jon Trickett
uin	209850
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p>The Government is committed to protecting elderly and vulnerable people, and to making sure that anyone responsible for abuse is dealt with appropriately.</p><p>The Public Guardian has power to investigate cases where concerns are raised about the actions of a person or persons acting under a registered power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian can also refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.</p><p>Anyone who suspects that someone acting under a registered power of attorney is abusing that position should report any suspicion of abuse immediately to the Office of the Public Guardian by:</p><p>Email <a href="mailto:OPG.Safeguardingunit@publicguardian.gsi.gov.uk" target="_blank">OPG.Safeguardingunit@publicguardian.gsi.gov.uk</a>. or</p><p>Telephone: 0300 456 0300</p><p>A power of attorney is a private arrangement where the donor chooses who they wish to appoint and therefore the Government feels that State intervention in this process should be limited. The Lasting Power of Attorney (LPA) application process has been designed so that anyone can complete and register an LPA without the need for professional advice, though with significant safeguards (such as the need for a certificate provider to confirm that the donor has capacity and is not under duress) to cut down on fraud and abuse.</p><p>LPAs also have to be registered prior to use, which is a change from previous Enduring Powers of Attorney which only had to be registered when the donor lost capacity. In the year 2013/14, the Office of the Public Guardian registered 311,000 powers of attorney.</p><p>Requiring individuals to attend court to swear an oath would place a significant strain on court resources (as there is often more than one attorney for each power) and is likely to mean that individuals will feel that they need legal advice to assist them, which would incur legal fees. There might also be an increase in the cost of registering a power to cover the Court cost, which may lead to people not making LPAs, and therefore not being able to make provision for the future.</p><p>Under sections 22 and 23 of the Mental Capacity Act, the Court of Protection has wide-ranging powers to decide on issues relating to the operation or validity of an LPA.</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes grouped question UIN 209849 209854 209861 question first answered 20/10/2014 12:13:04 answering member 194 label Biography information for Simon Hughes
tabling member	410 label Biography information for Jon Trickett

92686

registered interest
date	10/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Powers of Attorney
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what safeguards are in place to prevent misuse of funds when a (a) single and (b) joint power of attorney is obtained.
tabling member constituency	Hemsworth
tabling member printed	Jon Trickett
uin	209854
answer	answer is ministerial correction date of answer 20/10/2014 answer text <p>The Government is committed to protecting elderly and vulnerable people, and to making sure that anyone responsible for abuse is dealt with appropriately.</p><p>The Public Guardian has power to investigate cases where concerns are raised about the actions of a person or persons acting under a registered power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian can also refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.</p><p>Anyone who suspects that someone acting under a registered power of attorney is abusing that position should report any suspicion of abuse immediately to the Office of the Public Guardian by:</p><p>Email <a href="mailto:OPG.Safeguardingunit@publicguardian.gsi.gov.uk" target="_blank">OPG.Safeguardingunit@publicguardian.gsi.gov.uk</a>. or</p><p>Telephone: 0300 456 0300</p><p>A power of attorney is a private arrangement where the donor chooses who they wish to appoint and therefore the Government feels that State intervention in this process should be limited. The Lasting Power of Attorney (LPA) application process has been designed so that anyone can complete and register an LPA without the need for professional advice, though with significant safeguards (such as the need for a certificate provider to confirm that the donor has capacity and is not under duress) to cut down on fraud and abuse.</p><p>LPAs also have to be registered prior to use, which is a change from previous Enduring Powers of Attorney which only had to be registered when the donor lost capacity. In the year 2013/14, the Office of the Public Guardian registered 311,000 powers of attorney.</p><p>Requiring individuals to attend court to swear an oath would place a significant strain on court resources (as there is often more than one attorney for each power) and is likely to mean that individuals will feel that they need legal advice to assist them, which would incur legal fees. There might also be an increase in the cost of registering a power to cover the Court cost, which may lead to people not making LPAs, and therefore not being able to make provision for the future.</p><p>Under sections 22 and 23 of the Mental Capacity Act, the Court of Protection has wide-ranging powers to decide on issues relating to the operation or validity of an LPA.</p> answering member constituency Bermondsey and Old Southwark answering member printed Simon Hughes grouped question UIN 209849 209850 209861 question first answered 20/10/2014 12:13:04 answering member 194 label Biography information for Simon Hughes
tabling member	410 label Biography information for Jon Trickett