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44578

registered interest
date	24/03/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how much has been paid in legal aid fees over the last five years to law firms Public Interest Lawyers and Leigh Day to conduct cases alleging abuse by British soldiers.
tabling member printed	Lord Blencathra
uin	HL6235
answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>The Legal Aid Agency (LAA) cannot separately identify legal aid cases for those Iraqis alleging abuse by British Soldiers without disproportionate costs. Legal aid cases are not systematically recorded against nationality or cause of action.</p><p> </p><p>Leigh Day have not acted under legal aid in these types of cases. Public Interest Lawyers have acted for Iraqi clients under legal aid in cases seeking investigations into deaths and mistreatment.</p><p> </p><p> </p><p>The net payments to Public Interest Lawyers over the past five years were:</p><p> </p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Amount</strong></p></td></tr><tr><td><p>2008/09</p></td><td><p>£628,527.75</p></td></tr><tr><td><p>2009/10</p></td><td><p>£267,433.88</p></td></tr><tr><td><p>2010/11</p></td><td><p>£439,268.02</p></td></tr><tr><td><p>2011/12</p></td><td><p>£331,238.85</p></td></tr><tr><td><p>2012/13</p></td><td><p>£54,387.48</p><p> </p></td></tr></tbody></table><p>These payments cover all work undertaken by the firm under legal aid. The payments made will be offset by recoupment on successful cases where the opponent has paid the costs.</p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
tabling member	497 label Biography information for Lord Blencathra

44579

registered interest
date	24/03/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they plan to take steps to recover legal aid payments to the firm Public Interest Lawyers following their statement on 20 March that there was no evidence that British soldiers had murdered 20 Iraqis.
tabling member printed	Lord Blencathra
uin	HL6236
answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>Legal aid is not funding the Al-Sweady Inquiry. There are therefore no plans to recover payments made from legal aid to Public Interest Lawyers following their statement on 20 March.</p><p> </p><p>On 20 March, at the Al-Sweady Inquiry into the most serious allegations against British soldiers in the Iraq War, lawyers representing Iraqi families withdrew their claim that the troops had killed unarmed civilians they had captured and brought back to an army base.</p><p> </p><p>The inquiry continues and the statement on 20 March does not mean that the inquiry has been abandoned.</p><p> </p><p>Legal aid was provided for an action prior to the Inquiry. Legal aid was provided to Iraqi applicants to seek an independent and effective investigation into deaths and torture or inhumane and degrading treatment in relation to the incident at checkpoint Danny Boy in Iraq in May 2004. As a result of these proceedings, the Secretary of State for Defence decided to hold the Al-Sweady Inquiry. This action was therefore successful in its aim.</p><p> </p><p>The Inquiry is not yet complete and the Chairman's report is not due to be published until later in the year. Public Interest Lawyers's statement refers to part only of the allegations made and the Ministry of Justice awaits the Inquiry Report before commenting further.</p><p> </p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
tabling member	497 label Biography information for Lord Blencathra

44580

registered interest
date	24/03/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they plan to investigate United Kingdom law firms pursuing claims of unfounded abuse by British soldiers.
tabling member printed	Lord Blencathra
uin	HL6237
answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>There are no plans to investigate the firms as they are not funded under the legal aid regulations or their contract with the Lord Chancellor in the Al-Sweady inquiry. It would not be reasonable to investigate the firms under their contract in relation to a matter arising outside their contract.</p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
tabling member	497 label Biography information for Lord Blencathra

44584

registered interest
date	24/03/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether migrants detained in HM Prison The Verne from 24 March will have access to (1) Rule 35 procedures to determine whether their health would be damaged by detention, for example, due to a history of torture, (2) mobile telephones and the internet, (3) the ability to receive telephone calls from solicitors, family and friends, and (4) on-site legal advice surgeries; and if not, why not.
tabling member printed	Lord Roberts of Llandudno
uin	HL6241
answer	answer is ministerial correction date of answer 07/04/2014 answer text <p> </p><p> </p><p>HM Prison The Verne started taking immigration detainees as scheduled from 24 March 2014. The National Offender Management Service (NOMS) will retain The Verne as a prison in the short term. Its designation as a prison will be reviewed later this year, with the intention of completing the re-designation to an immigration removal centre by the end of September 2014.</p><p> </p><p>While The Verne retains its designation as a prison it will be governed by Prison Rules rather than Detention Centre Rules. As The Verne is not governed by Detention Centre Rules, Rule 35 of those rules is not applicable.</p><p> </p><p>Detainees held at The Verne will be treated in the same way as other detainees held within the prison estate. As such they will not have access to mobile telephones or the internet, nor will they be able to receive telephone calls. They will, however, be able to make telephone calls and will have access to both social and legal visits.</p><p> </p><p>There is a dedicated Home Office Immigration Enforcement Team on site who will see detainees routinely on induction and upon request. In addition, independent immigration advice will be provided by Migrant Help.</p> answering member printed Lord Faulks question first answered 07/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
tabling member	3691 label Biography information for Lord Roberts of Llandudno