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100213
registered interest false more like this
date less than 2014-10-21more like thismore than 2014-10-21
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Judicial Review more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, how many judicial review cases have been successfully brought against her Department in each year since 2010. more like this
tabling member constituency Hammersmith more like this
tabling member printed
Mr Andy Slaughter more like this
uin 211302 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-24more like thismore than 2014-10-24
answer text <p>No central records are kept of the number of judicial reviews successfully brought against the department since 2010 and it would incur disproportionate cost to try to acquire this information.</p><p> </p><p> </p><p> </p> more like this
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-24T16:02:04.7052036Zmore like thismore than 2014-10-24T16:02:04.7052036Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
24146
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
1516
label Biography information for Andy Slaughter more like this
99905
registered interest false more like this
date less than 2014-10-20more like thismore than 2014-10-20
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Torbay more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, pursuant to the Answer of 17 October 2014 to Question 210481, for what reasons her Answer did not provide details of visits by Ministers to Torbay constituency. more like this
tabling member constituency Torbay more like this
tabling member printed
Mr Adrian Sanders more like this
uin 211133 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-24more like thismore than 2014-10-24
answer text <p>We refer to our answer to PQ 210481 and did not provide details of visits by Ministers to Torbay constituency because as was the case with previous administrations, it is not the Government's practice to provide details of all such meetings.</p><p> </p><p> </p><p> </p> more like this
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-24T16:03:05.9408502Zmore like thismore than 2014-10-24T16:03:05.9408502Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
23924
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
237
label Biography information for Mr Adrian Sanders more like this
93851
registered interest false more like this
date less than 2014-10-16more like thismore than 2014-10-16
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Egmont Group more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, through what secure means financial intelligence units of Egmont Group members exchange information; and how that means of exchange differs from information exchange through FIU.net. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210934 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-22more like thismore than 2014-10-22
answer text <p>Egmont Group members share financial intelligence through a dedicated secure network. Egmont Group membership consists of approximately 147 countries and jurisdictions and is underpinned by the principles of the Egmont Charter to which members are signatories. The service enables secure transmission of messages together with attachments and is email based.</p><p>FIU.Net is a European Union initiative which is available to the National Financial Intelligence Units of all EU Member States. FIU.Net provides a secure method of requesting and sharing financial intelligence between Member States. FIU.Net allows for transmission of messages together with attachments via dedicated secure servers in each jurisdiction. FIU.Net provides UK law enforcement agencies with additional functionality over Egmont secure web, such as anonymised case and data matching.</p><p>The UK’s domestic legislation allows for the exchange of intelligence data with overseas partners. Council Decision 2000/642/JHA provides a gateway for those member states, in the absence of specific domestic gateway legislation, to exchange data lawfully and efficiently. As a signatory to the decision the UK is able to exchange relevant information with countries lacking domestic gateway legislation.</p><p>If we ceased to be bound by the Framework Decision we may lose access to FIU.net. Further, we would no longer benefit from the deadlines for prompt exchange of information provided by the 'Swedish Initiative' (FD 2006/960/JHA) in conjunction with FD 2000/642/JHA.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-22T16:45:53.2788217Zmore like thismore than 2014-10-22T16:45:53.2788217Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
23258
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
93852
registered interest false more like this
date less than 2014-10-16more like thismore than 2014-10-16
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Schengen Agreement: ICT more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014, to Question 207060, on what grounds the Government considers that Article 34 alerts from other EU Member States under Council Decision 2007/533/JHA will not require UK authorities actively to ascertain and communicate the place of residence or domicile of the relevant persons, given the provision of Article 35 of that Decision. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210935 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-24more like thismore than 2014-10-24
answer text <p>Council Decision 2007/533/JHA is legislative basis for governing the second generation of the Schengen Information System (SIS II) for the purposes of police and judicial co-operation in criminal matters. <br><br>In line with Article 25(2) of Council Decision 2007/533/JHA, the National Crime Agency has the authority to refuse to validate Article 26 alerts on <br>proportionality grounds where a general instruction has been issued. This means that UK police officers will not arrest people subject to an Article 26 alert where there is a lack of proportionality.<br><br>Concerning Article 34 alerts, under Article 35 the UK authorities are not required actively to ascertain the place of residence or domicile of relevant persons, only to communicate such information. Clearly, if they do not hold such information it cannot be communicated. However, if there is supporting information that justifies activity to ascertain proactively the place of residence or domicile of relevant persons action will be taken by UK authorities.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-24T16:07:30.118443Zmore like thismore than 2014-10-24T16:07:30.118443Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
23255
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
93853
registered interest false more like this
date less than 2014-10-16more like thismore than 2014-10-16
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Egmont Group more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014, to Question 207074, what specific benefits Council Decision 2000/642/JHA provides for exchanging financial intelligence in addition to Egmont Group membership. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210936 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-24more like thismore than 2014-10-24
answer text <p>Egmont Group members share financial intelligence through a dedicated secure network. Egmont Group membership consists of approximately 147 countries and jurisdictions and is underpinned by the principles of the Egmont Charter to which members are signatories. The service enables secure transmission of messages together with attachments and is email based.</p><p>FIU.Net is a European Union initiative which is available to the National Financial Intelligence Units of all EU Member States. FIU.Net provides a secure method of requesting and sharing financial intelligence between Member States. FIU.Net allows for transmission of messages together with attachments via dedicated secure servers in each jurisdiction. FIU.Net provides UK law enforcement agencies with additional functionality over Egmont secure web, such as anonymised case and data matching.</p><p>The UK’s domestic legislation allows for the exchange of intelligence data with overseas partners. Council Decision 2000/642/JHA provides a gateway for those member states, in the absence of specific domestic gateway legislation, to exchange data lawfully and efficiently. As a signatory to the decision the UK is able to exchange relevant information with countries lacking domestic gateway legislation.</p><p>If we ceased to be bound by the Framework Decision we may lose access to FIU.net. Further, we would no longer benefit from the deadlines for prompt exchange of information provided by the 'Swedish Initiative' (FD 2006/960/JHA) in conjunction with FD 2000/642/JHA.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-24T16:05:30.2164462Zmore like thismore than 2014-10-24T16:05:30.2164462Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
23254
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
93854
registered interest false more like this
date less than 2014-10-16more like thismore than 2014-10-16
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Schengen Agreement: ICT more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014, to Question 207060, whether UK police would be able to avoid arresting persons pursuant to an Article 26 alert under Council Decision 2007/533/JHA on grounds of lack of proportionality, should the UK connect to the Schengen Information System II, given the provisions of Article 25 of that Decision requiring a decision not to arrest to be taken by a judicial authority. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210932 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-22more like thismore than 2014-10-22
answer text <p>Council Decision 2007/533/JHA is legislative basis for governing the second generation of the Schengen Information System (SIS II) for the purposes of police and judicial co-operation in criminal matters. <br><br>In line with Article 25(2) of Council Decision 2007/533/JHA, the National Crime Agency has the authority to refuse to validate Article 26 alerts on <br>proportionality grounds where a general instruction has been issued. This means that UK police officers will not arrest people subject to an Article 26 alert where there is a lack of proportionality.<br><br>Concerning Article 34 alerts, under Article 35 the UK authorities are not required actively to ascertain the place of residence or domicile of relevant persons, only to communicate such information. Clearly, if they do not hold such information it cannot be communicated. However, if there is supporting information that justifies activity to ascertain proactively the place of residence or domicile of relevant persons action will be taken by UK authorities.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-22T16:46:43.7479343Zmore like thismore than 2014-10-22T16:46:43.7479343Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
23260
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
93855
registered interest false more like this
date less than 2014-10-16more like thismore than 2014-10-16
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Schengen Agreement: ICT more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, what assessment she has made of whether Framework Decision 2002/465/JHA would permit national legislation that required the relevant competent authorities to establish joint investigation teams under the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, where that Protocol is available, rather than under the Framework Decision. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210933 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-23more like thismore than 2014-10-23
answer text <p>It is a matter for Member States to define how their competent authorities establish joint investigation teams. However, the Second Additional Protocol is not in force in Austria, Cyprus, Germany, Greece, Hungary, Italy, Luxembourg and Spain and as such does not offer a basis for the UK to establish joint investigation teams with those Member States. To date the UK has participated in 54 joint investigation teams.</p><p>This includes six JITs with Member States that have not ratified the Second Additional Protocol, five of which are ongoing. A recent example of a Joint Investigation Team was Operation Birkhill, which was a joint operation with Hungary targeting a UK-Hungarian sex trafficking organised crime group. As a result of the operation, five people were sentenced to a total of 36 years imprisonment earlier this year.</p><p> </p><p> </p><p> </p> more like this
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-23T15:13:29.8578962Zmore like thismore than 2014-10-23T15:13:29.8578962Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
23259
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
93587
registered interest false more like this
date less than 2014-10-15more like thismore than 2014-10-15
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Schengen Agreement: ICT more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, what assessment she has made of the potential effect that Article 37(3) of Council Decision 2007/533/JHA would have on police and border control checks by UK authorities if the UK were to connect to the Schengen Information System II. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210811 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-24more like thismore than 2014-10-24
answer text <p>Council Decision 2007/533/JHA is legislative basis for governing the second generation of the Schengen Information System (SIS II) for the purposes of police and judicial co-operation in criminal matters. <br><br>The communication of relevant data to the issuing State under Article 37(3) will take place on the basis of centralised electronic forms. In the UK that will be coordinated by the National Crime Agency and will have a minimal impact on operational resources. <br><br>The Government makes no distinction between discreet checks and specific checks under Article 37(4) because, under the Police and Criminal Evidence Act 1984, UK authorities can only treat these alerts as discreet. However, if there has been a domestic offence committed, or the person is of interest to UK national security agencies, then the person would be dealt with under national legislation. <br><br>Article 38 provides that Member States shall enter data onto SISII on objects sought for seizure or use as evidence in criminal proceedings. For the UK, SISII will be integrated into the Police National Computer (PNC) infrastructure and will allow officers easy access to create and check lost and stolen objects subject to SISII alerts. Article 39 provides that when a SISII search identifies a &quot;hit&quot; i.e. the database shows that the object has been located, the relevant authority should be contacted in order to agree on next steps. <br>This will be coordinated by the NCA.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-24T16:19:28.1315576Zmore like thismore than 2014-10-24T16:19:28.1315576Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
22884
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
93590
registered interest false more like this
date less than 2014-10-15more like thismore than 2014-10-15
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Schengen Agreement: ICT more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, what the usual practice of UK authorities will be with regard to checking whether an object covered by Article 38 of Council Decision 2007/533/JHA is associated with an alert under that article, if the UK were to connect to the Schengen Information System II. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210808 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-24more like thismore than 2014-10-24
answer text <p>Council Decision 2007/533/JHA is legislative basis for governing the second generation of the Schengen Information System (SIS II) for the purposes of police and judicial co-operation in criminal matters. <br><br>The communication of relevant data to the issuing State under Article 37(3) will take place on the basis of centralised electronic forms. In the UK that will be coordinated by the National Crime Agency and will have a minimal impact on operational resources. <br><br>The Government makes no distinction between discreet checks and specific checks under Article 37(4) because, under the Police and Criminal Evidence Act 1984, UK authorities can only treat these alerts as discreet. However, if there has been a domestic offence committed, or the person is of interest to UK national security agencies, then the person would be dealt with under national legislation. <br><br>Article 38 provides that Member States shall enter data onto SISII on objects sought for seizure or use as evidence in criminal proceedings. For the UK, SISII will be integrated into the Police National Computer (PNC) infrastructure and will allow officers easy access to create and check lost and stolen objects subject to SISII alerts. Article 39 provides that when a SISII search identifies a &quot;hit&quot; i.e. the database shows that the object has been located, the relevant authority should be contacted in order to agree on next steps. <br>This will be coordinated by the NCA.</p><p> </p><p> </p><p> </p>
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-24T16:18:20.0308643Zmore like thismore than 2014-10-24T16:18:20.0308643Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
22883
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this
93592
registered interest false more like this
date less than 2014-10-15more like thismore than 2014-10-15
answering body
Home Office more like this
answering dept id 1 more like this
answering dept short name Home Office more like this
answering dept sort name Home Office more like this
hansard heading Organised Crime: EU Law more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014 to Question 207073, whether the UK could take part, through membership of the relevant EU Council working groups, in the sharing of advice and best practice between EU member states on fighting organised crime if it did not opt back into Joint Action 97/827/JHA. more like this
tabling member constituency North East Somerset more like this
tabling member printed
Jacob Rees-Mogg more like this
uin 210803 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-10-27more like thismore than 2014-10-27
answer text <p>If the UK did not opt back into Joint Action 97/827/JHA it may, in theory, continue to attend the relevant Council of the European Union working groups. However, there are no alternative methods open to the UK that are considered to be as effective as cooperation under the EU measure in order to evaluate the application and implementation at national level of international undertakings in the fight against organised crime.</p><p> </p><p> </p><p> </p> more like this
answering member constituency Staffordshire Moorlands more like this
answering member printed Karen Bradley more like this
question first answered
less than 2014-10-27T16:19:27.4978785Zmore like thismore than 2014-10-27T16:19:27.4978785Z
answering member
4110
label Biography information for Dame Karen Bradley more like this
previous answer version
22880
answering member constituency Staffordshire Moorlands remove filter
answering member printed Karen Bradley more like this
answering member
4110
label Biography information for Dame Karen Bradley more like this
tabling member
4099
label Biography information for Sir Jacob Rees-Mogg more like this