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1251617

registered interest
date	12/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Solicitors: Misconduct
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of whether judges are failing to report solicitors to the Solicitors Regulation Authority; and what steps they are taking in response to any such assessment.
tabling member printed	Lord Blencathra
uin	HL10272
answer	answer is ministerial correction date of answer 25/11/2020 answer text <p>Following the case of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. The disciplinary process, known as the Hamid jurisdiction, is part of the court and tribunal’s powers to govern its own procedure and to ensure that legal practitioners abide by their duties to the court or tribunal and otherwise conduct themselves according to the proper standards of behaviour. This jurisdiction is engaged when a case is advanced in a professionally improper manner and is not confined to circumstances when the underlying claim is totally without merit, nor restricted to immigration cases.</p><p>As the Hamid jurisdiction comes within the court and tribunal’s inherent powers, the MoJ does not keep records of referrals made to the Solicitors Regulation Authority. If the Hamid jurisdiction is activated, any court or tribunal orders made in relation to the referral may be published and placed in the public domain and any such publication will include the explanation provided by the legal representative. The judiciary is independent of Government, and the Government has made no such assessment of the use of the jurisdiction.</p> answering member printed Baroness Scott of Bybrook grouped question UIN HL10207 HL10273 question first answered 25/11/2020 17:16:59 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra

1251618

registered interest
date	12/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Solicitors: Misconduct
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what discussions they have had with the Lord Chief Justice about immigration cases refused for review on the grounds of being without merit where presiding judges have failed to report solicitors to the Solicitors Regulation Authority.
tabling member printed	Lord Blencathra
uin	HL10273
answer	answer is ministerial correction date of answer 25/11/2020 answer text <p>Following the case of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. The disciplinary process, known as the Hamid jurisdiction, is part of the court and tribunal’s powers to govern its own procedure and to ensure that legal practitioners abide by their duties to the court or tribunal and otherwise conduct themselves according to the proper standards of behaviour. This jurisdiction is engaged when a case is advanced in a professionally improper manner and is not confined to circumstances when the underlying claim is totally without merit, nor restricted to immigration cases.</p><p>As the Hamid jurisdiction comes within the court and tribunal’s inherent powers, the MoJ does not keep records of referrals made to the Solicitors Regulation Authority. If the Hamid jurisdiction is activated, any court or tribunal orders made in relation to the referral may be published and placed in the public domain and any such publication will include the explanation provided by the legal representative. The judiciary is independent of Government, and the Government has made no such assessment of the use of the jurisdiction.</p> answering member printed Baroness Scott of Bybrook grouped question UIN HL10207 HL10272 question first answered 25/11/2020 17:16:59 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra

1251086

registered interest
date	11/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Immigration: Solicitors
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of reports that UK solicitors are travelling to Calais to offer support to refugees and migrants seeking to reach the UK.
tabling member printed	Lord Blencathra
uin	HL10203
answer	answer is ministerial correction date of answer 25/11/2020 answer text <p>Under the framework established by the Legal Services Act 2007 the legal services sector in England and Wales is independent of Government, and solicitors are regulated by the Solicitors Regulation Authority (SRA). The Government has not made any such assessment.</p> answering member printed Baroness Scott of Bybrook question first answered 25/11/2020 17:01:29 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra

1251087

registered interest
date	11/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Malik and Malik
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what steps, if any, they have taken to cease to fund through legal aid the work of the Malik & Malik who have been found to have filed false asylum claims; and whether they have reported that firm to the Solicitors Regulation Authority.
tabling member printed	Lord Blencathra
uin	HL10204
answer	answer is ministerial correction date of answer 25/11/2020 answer text <p>Malik &amp; Malik were last issued with a civil legal aid contract in 2007 and did not receive public funding in connection with any of the cases being enquired about. There was accordingly no basis for the Legal Aid Agency to make any referral to the SRA in connection with those matters. As at the time of writing, the firm no longer hold a legal aid contract of any kind.</p> answering member printed Baroness Scott of Bybrook grouped question UIN HL10206 question first answered 25/11/2020 17:08:53 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra

1251088

registered interest
date	11/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Solicitors: Misconduct
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many solicitors they have reported to the Solicitors Disciplinary Tribunal for misconduct in immigration cases in the last five years.
tabling member printed	Lord Blencathra
uin	HL10205
answer	answer is ministerial correction date of answer 25/11/2020 answer text <p>Under the framework established by the Legal Services Act 2007 the legal services sector in England and Wales is independent of Government, and solicitors are regulated by the Solicitors Regulation Authority (SRA). The SRA investigates alleged misconduct and can prosecute serious cases before the independent Solicitors Disciplinary Tribunal. The Government has no role in reporting solicitors to the tribunal.</p> answering member printed Baroness Scott of Bybrook question first answered 25/11/2020 17:16:09 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra

1251089

registered interest
date	11/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Aid Scheme: Immigration
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how much legal aid has been disbursed to those working on the immigration cases that have been refused on the grounds of being without merit in the last five years.
tabling member printed	Lord Blencathra
uin	HL10206
answer	answer is ministerial correction date of answer 25/11/2020 answer text <p>Malik &amp; Malik were last issued with a civil legal aid contract in 2007 and did not receive public funding in connection with any of the cases being enquired about. There was accordingly no basis for the Legal Aid Agency to make any referral to the SRA in connection with those matters. As at the time of writing, the firm no longer hold a legal aid contract of any kind.</p> answering member printed Baroness Scott of Bybrook grouped question UIN HL10204 question first answered 25/11/2020 17:08:53 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra

1251090

registered interest
date	11/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Immigration: Appeals
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many of the immigration cases refused for review on the grounds of being without merit have been reported by presiding judges to the Solicitors Regulation Authority; and what proportion of the total number of such cases this represents.
tabling member printed	Lord Blencathra
uin	HL10207
answer	answer is ministerial correction date of answer 25/11/2020 answer text <p>Following the case of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. The disciplinary process, known as the Hamid jurisdiction, is part of the court and tribunal’s powers to govern its own procedure and to ensure that legal practitioners abide by their duties to the court or tribunal and otherwise conduct themselves according to the proper standards of behaviour. This jurisdiction is engaged when a case is advanced in a professionally improper manner and is not confined to circumstances when the underlying claim is totally without merit, nor restricted to immigration cases.</p><p>As the Hamid jurisdiction comes within the court and tribunal’s inherent powers, the MoJ does not keep records of referrals made to the Solicitors Regulation Authority. If the Hamid jurisdiction is activated, any court or tribunal orders made in relation to the referral may be published and placed in the public domain and any such publication will include the explanation provided by the legal representative. The judiciary is independent of Government, and the Government has made no such assessment of the use of the jurisdiction.</p> answering member printed Baroness Scott of Bybrook grouped question UIN HL10272 HL10273 question first answered 25/11/2020 17:16:59 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra