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390148

registered interest
date	15/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what obligations (a) people with reporting obligations in the regulated sector and (b) others have to ensure that a data controller who has processed personal data when not entitled to do so because of lack of notification does not benefit from any proceeds that may have been received as a consequence of that processing; and what sanctions can be taken against people who fail to fulfil those obligations.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	7446
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6938 6947 6948 6949 6951 6952 question first answered 22/07/2015 10:07:56 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

390417

registered interest
date	15/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Information Commissioner's Office: Pay
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 ensure a fair settlement to the dispute about pay levels for staff of the Information Commissioner's Office.
tabling member constituency	Newport West
tabling member printed	Paul Flynn
uin	7424
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Information Commissioner is responsible for pay bargaining within the Information Commissioner’s Office. In doing so, the Information Commissioner must prepare pay bargaining remit proposals that comply with the principles of Managing Public Money and Civil Service Pay Guidance.<em><em> <br></em></em></p> answering member constituency Esher and Walton answering member printed Dominic Raab question first answered 22/07/2015 11:05:16 answering member 4007 label Biography information for Dominic Raab
tabling member	545 label Biography information for Paul Flynn

390423

registered interest
date	15/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Insolvency: Conditional Fee Agreements
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what discussions he has had with HM Revenue and Customs on the delay in commencing reforms to conditional fee agreements for insolvency litigation in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
tabling member constituency	North Tyneside
tabling member printed	Mary Glindon
uin	7186
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Government is taking forward the Coalition Government’s commitment to review this issue and it will set out further details later in the year. As part of that process, the Government will continue to engage with relevant stakeholders, including Her Majesty’s Revenue and Customs, the Insolvency Service and insolvency practitioners and their representatives.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 7187 7197 question first answered 22/07/2015 10:30:48 answering member 4007 label Biography information for Dominic Raab
tabling member	4126 label Biography information for Mary Glindon

390424

registered interest
date	15/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Insolvency: Conditional Fee Agreements
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what discussions he has had with the Insolvency Service on the delay in commencing reforms to conditional fee agreements for insolvency litigation in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
tabling member constituency	North Tyneside
tabling member printed	Mary Glindon
uin	7187
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Government is taking forward the Coalition Government’s commitment to review this issue and it will set out further details later in the year. As part of that process, the Government will continue to engage with relevant stakeholders, including Her Majesty’s Revenue and Customs, the Insolvency Service and insolvency practitioners and their representatives.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 7186 7197 question first answered 22/07/2015 10:30:48 answering member 4007 label Biography information for Dominic Raab
tabling member	4126 label Biography information for Mary Glindon

390428

registered interest
date	15/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Insolvency
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, when he plans to commence sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in respect of insolvency proceedings.
tabling member constituency	North Tyneside
tabling member printed	Mary Glindon
uin	7197
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Government is taking forward the Coalition Government’s commitment to review this issue and it will set out further details later in the year. As part of that process, the Government will continue to engage with relevant stakeholders, including Her Majesty’s Revenue and Customs, the Insolvency Service and insolvency practitioners and their representatives.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 7186 7187 question first answered 22/07/2015 10:30:48 answering member 4007 label Biography information for Dominic Raab
tabling member	4126 label Biography information for Mary Glindon

389716

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment he has made of the extent of revenue that has been lost to the public purse in each of the last seven financial years as a result of data controllers who are required to notify or register under the Data Protection Act and pay a fee not doing so; and what steps he is taking to (a) recoup the losses to the public purse that have occurred and (b) prevent such further losses.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6938
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6947 6948 6949 6951 6952 7446 question first answered 22/07/2015 10:07:55 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389897

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Wills
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 promote the making of wills; and if he will make a statement.
tabling member constituency	Strangford
tabling member printed	Jim Shannon
uin	7090
answer	answer is ministerial correction date of answer 20/07/2015 answer text <p>The law of succession is devolved in Northern Ireland. My Department promoted the making of wills in England and Wales as part of a public awareness raising campaign during March this year. <em>Choice Not Chance </em>used traditional and social media to highlight the benefits of making a will and the consequences of not doing so. The key messages and digital material continue to be used by stakeholders and we will continue to push the importance of making a will via our social media channels.</p> answering member constituency Esher and Walton answering member printed Dominic Raab question first answered 20/07/2015 13:56:57 answering member 4007 label Biography information for Dominic Raab
tabling member	4131 label Biography information for Jim Shannon

389902

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Mediation: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, if he will bring forward proposals to (a) regulate the fees that can be charged by mediators and (b) ensure that access to justice by way of mediation is achievable at reasonable cost.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6993
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The fees charged by mediators are not regulated, save in respect of the Civil Legal Aid (remuneration) Regulations 2013, where some aspects of family law mediation fees are set. Currently there are no plans to regulate the fees charged by mediators. The Ministry of Justice has established a referral page on the Justice Website which provides links to mediators who offer their services on a sliding scale flat fee basis. Additionally the Small Claims Mediation Service run by Her Majesty’s Courts and Tribunals Service provides a free mediation service for parties involved in small claims litigation.</p><p> </p><p>Family mediation (and legal advice to support family mediation) is still within the scope of legal aid. Also, as of 3 November 2014, the first single session of mediation is publicly funded in all cases where one of the people involved is already legally aided. In this scenario, both participants will be funded for the Mediation Information Assessment Meeting (“MIAM”) and the first session of mediation.</p> answering member constituency Esher and Walton answering member printed Dominic Raab question first answered 22/07/2015 10:44:36 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389906

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what discussions his Department has had with the Information Commissioner's Office (ICO) on ensuring that collection of registration and notification fees from data controllers is actively pursued by the ICO; and whether such collection was discussed at the meeting between the Deputy Director of Information Rights and Devolution Policy and the ICO on 29 April 2015.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6951
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6938 6947 6948 6949 6952 7446 question first answered 22/07/2015 10:07:56 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer

389907

registered interest
date	14/07/2015
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Data Protection
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what mechanism (a) the Information Commissioner's Office and (b) his Department has in place to recover unpaid notification and registration fee income from data controllers; what the costs of such recovery is; from what budget such costs are met; and whether such costs are recovered from data controllers who do not pay such fees.
tabling member constituency	St Helens South and Whiston
tabling member printed	Marie Rimmer
uin	6952
answer	answer is ministerial correction date of answer 22/07/2015 answer text <p>The Data Protection Act 1998 (DPA) requires every data controller who is processing personal information to register with the Information Commissioner’s Office (ICO) unless they are exempt. Failure to do so is a criminal offence.</p><p> </p><p>The ICO has the ability to prosecute data controllers who process personal data having failed to notify in accordance with the DPA. A successful prosecution could result in a fine being imposed. The length of time that a data controller has failed to notify, and any financial benefit they have received from not paying the notification fees, is a factor that is taken into account by the Court when sentencing and setting the appropriate level of fine. There are no provisions in the Proceeds of Crime Act that would require someone to report to a court or anyone else that any profit has been made from the offence of processing personal data without being registered. If someone suspects that money laundering has occurred then the reporting obligations set out in the Money Laundering Regulations 2007 will, for example, apply.</p><p> </p><p>It is for data controllers to seek registration; the ICO periodically reminds organisations of the requirement to notify. Fee income has been increasing year on year with increasing numbers of notifications.</p><p> </p><p>The Ministry of Justice and the ICO are looking at the current funding model as part of negotiations on the proposed EU Data Protection Regulation.</p> answering member constituency Esher and Walton answering member printed Dominic Raab grouped question UIN 6938 6947 6948 6949 6951 7446 question first answered 22/07/2015 10:07:56 answering member 4007 label Biography information for Dominic Raab
tabling member	4457 label Biography information for Ms Marie Rimmer