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1005633

	registered interest
	date	12/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Brexit: Northern Ireland
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they intend to publish the legal advice prepared by the Attorney General for the Prime Minister on the Irish backstop proposals for the Brexit negotiations; whether the full advice was made available to members of the Cabinet; and if not, why not.
	tabling member printed	Lord Myners
	uin	HL11404
	answer	answer is ministerial correction date of answer 26/11/2018 answer text <p>The Government recognises the legitimate desire in Parliament, from Members on all sides and in both Houses, to understand the legal implications of the final Withdrawal Agreement. The Government will therefore make available to all members of Parliament a full, reasoned position statement, setting out the Government’s agreed legal position on the Agreement, including the Irish backstop proposals. The Attorney will also make a statement to the House of Commons and take questions. This will help to ensure Parliament has all appropriate information ahead of the vote on the final deal.</p><p> </p><p>We expect the Attorney General’s statement to be repeated in the Lords, with questions.</p> answering member printed Lord Keen of Elie question first answered 26/11/2018 13:40:39 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3869 label Biography information for Lord Myners

1012534

	registered interest
	date	22/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the reply by Baroness Vere of Norbiton on 6 December 2017 (HL Deb, col 1051), whether Baroness Vere of Norbiton wrote to the Director of Public Prosecutions to ask whether she agrees that the definition of hate crime is broader than what is in statute and on what authority any broadening was based; and if so, what reply she received.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL11726
	answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>Baroness Vere of Norbiton wrote to the Director of Public Prosecutions (DPP) on 13 December 2017. The DPP provided her response on 9 January 2018.</p><p> </p><p>In her response, the then DPP confirmed that the flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007 and that it is wider than the definition set out in legislation to ensure all relevant cases are captured.</p><p> </p><p>The CPS adopted the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report also recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p> </p><p>The recommendations of the Macpherson report were welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p> </p><p>In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p> </p><p>In her letter, the then DPP also confirmed that the CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p> answering member printed Lord Keen of Elie question first answered 04/12/2018 13:13:56 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

1056451

	registered interest
	date	06/02/2019
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Royal Albert Hall
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government when they estimate that the Attorney General will give his definitive ruling on the points of law arising from the case of the Royal Albert Hall and the Charity Commission.
	tabling member printed	Lord Hodgson of Astley Abbotts
	uin	HL13508
	answer	answer is ministerial correction date of answer 18/02/2019 answer text <p>Last year the Charity Commission wrote to the Attorney General requesting his consent to refer five questions to the First-Tier Tribunal concerning the Corporation of the Hall of Arts and Sciences – i.e. the Royal Albert Hall, which is a registered charity. While the Charity Commission has the power to refer questions to the Tribunal, it may only do so with the consent of the Attorney General, as set out in section 325 of the Charities Act 2011.</p><p> </p><p>This is a complex case involving the application of modern day charity law to an organisation established over 150 years ago. Before making an assessment as to whether consent should be given to the Commission’s request, both the Corporation and the Commission were invited to make further representations to the Attorney General’s Office. It is important that these are considered carefully, taking into account all relevant factors. While it is not possible to provide an exact estimate as to when a decision will be made, the matter is being given careful thought with a view to reaching a decision as soon as possible.</p> answering member printed Lord Keen of Elie question first answered 18/02/2019 13:57:05 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1651 label Biography information for Lord Hodgson of Astley Abbotts

1059216

	registered interest
	date	11/02/2019
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Sir Philip Green
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether Sir Phillip Green or any company, trust or other entity associated with him, has obtained an injunction against Her Majesty's Government or any government departments, agencies or public bodies since May 2010; if so, when any such injunction was granted; and when it was withdrawn.
	tabling member printed	Lord Myners
	uin	HL13602
	answer	answer is ministerial correction date of answer 21/02/2019 answer text <p>The Government Legal Department (GLD) conducts civil litigation on behalf of most government departments and many (but not all) executive agencies and non-departmental public bodies.</p><p>GLD has no record of any injunctions obtained by Sir Philip Green, or any entity known by GLD to be connected with him, against any of the departments, agencies or bodies to which GLD provides litigation services.</p> answering member printed Lord Keen of Elie question first answered 21/02/2019 12:19:00 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3869 label Biography information for Lord Myners

1079618

	registered interest
	date	01/03/2019
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	National Fund
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they hold information about the identity of the donor who set up the National Fund.
	tabling member printed	Baroness Hayter of Kentish Town
	uin	HL14160
	answer	answer is ministerial correction date of answer 14/03/2019 answer text <p>The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt.</p><p>The 1928 deed does not record who the founder was, and it is apparent from accompanying documents that they wished to remain anonymous.</p><p>Her Majesty’s Government therefore does not hold information about the identity of the donor who set up the Fund.</p> answering member printed Lord Keen of Elie question first answered 14/03/2019 17:12:40 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1079620

	registered interest
	date	01/03/2019
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	National Fund
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether the Attorney General’s application to the High Court to release the assets of the National Fund has now been concluded; and if so, how those assets are shown in HM Treasury’s accounts.
	tabling member printed	Baroness Hayter of Kentish Town
	uin	HL14162
	answer	answer is ministerial correction date of answer 14/03/2019 answer text <p>The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt. According to expert evidence, there is no realistic prospect of the Fund ever amounting to a sum sufficient to pay off the whole of the National Debt.</p><p>The application made by the then Attorney General to the High Court on 22nd May 2018, to release the assets of the National Fund in order to pay down national debt, has not yet concluded. In February 2019 the High Court Listing Officer allocated a three day hearing during a five day window starting on 18 November 2019.</p> answering member printed Lord Keen of Elie question first answered 14/03/2019 17:10:09 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1087528

	registered interest
	date	12/03/2019
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Obscenity: Prosecutions
	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 (1) Director of Public Prosecutions, and (2) Crown Prosecution Service, on whether an imported child sex doll falls within the definition of an obscene article under the Customs Consolidation Act 1876.
	tabling member printed	Baroness Howe of Idlicote
	uin	HL14452
	answer	answer is ministerial correction date of answer 25/03/2019 answer text <p>The Crown Prosecution Service has prosecuted the importation of child sex dolls under the provisions of the Customs Consolidation Act 1876, in conjunction with the Customs and Excise Management Act 1979, where there is sufficient evidence to do so and a prosecution is required in the public interest. The CPS intends to issue guidance to assist prosecutors considering such allegations shortly.</p><p> </p> answering member printed Lord Keen of Elie question first answered 25/03/2019 13:45:06 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3610 label Biography information for Baroness Howe of Idlicote

147400

	registered interest
	date	10/11/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	British Nationals Abroad: Armed Conflict
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether they intend to prosecute jihadis who have fought with ISIS and return to the United Kingdom; and if not, why not.
	tabling member printed	Lord Blencathra
	uin	HL2804
	answer	answer is ministerial correction date of answer 24/11/2014 answer text <p>If there is evidence that people are going to Syria to engage in terrorist activity they can be arrested and prosecuted. Each case is considered individually in accordance with the rules of the applicable criminal law jurisdiction. In England and Wales if the police refer a case to the Crown Prosecution Service (CPS), they consider whether the test in the Code for Crown Prosecutors is met; that is whether there is sufficient evidence of any offence, and if so, whether it is in the public interest to prosecute. A similar public interest approach is taken by the office of the Lord Advocate, the sole prosecuting authority for Scotland.</p><p> </p><p> </p><p> </p><p>Whether an individual is arrested or prosecuted for a terrorism offence will always depend on the facts and circumstances of the case and is an operational decision for the police and responsible prosecuting authority. Safeguards are built in to our legislation and we rely on the professionals involved to make sure that prosecutions are pursued in appropriate cases. Whether any specific act falls within the definition of ‘terrorism’ and whether any individuals or groups have committed an offence will always depend on all facts and circumstances of the case. Depending on the specific circumstances, anyone who becomes involved with fighting overseas may be prosecuted under the applicable law on their return<strong>.</strong></p><p> </p><p> </p><p> </p><p> </p><p> </p><p>A very wide range of offences already exists on the statute books that can be used to prosecute such individuals and to manage the risk they may pose on return, including in the Terrorism Acts 2000 and 2006 which provide extra-territorial jurisdiction in relation to certain activities. In particular, where there is evidence that individuals are planning, promoting, funding, facilitating or participating in terrorist activities overseas - including involvement in fighting for terrorist groups - the relevant authorities will seek to prosecute them, before they go or on their return.</p><p> </p> answering member printed Lord Wallace of Tankerness question first answered 24/11/2014 17:26:25 answering member 630 label Biography information for Lord Wallace of Tankerness
	tabling member	497 label Biography information for Lord Blencathra

167270

	registered interest
	date	02/12/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Offences against Children: Rotherham
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether the Director of Public Prosecutions has any plans to bring cases against persons other than the five men convicted in respect of child sexual exploitation in Rotherham.
	tabling member printed	Lord Ahmed
	uin	HL3371
	answer	answer is ministerial correction date of answer 16/12/2014 answer text <p>South Yorkshire Police are currently conducting investigations relating to child sexual exploitation in Rotherham. As these are ongoing it would be inappropriate to make further comment. The Crown Prosecution Service will consider all potential offences referred to it by the police in accordance with the two-stage test set out in the Code for Crown Prosecutors.</p> answering member printed Lord Wallace of Tankerness question first answered 16/12/2014 14:45:24 answering member 630 label Biography information for Lord Wallace of Tankerness
	tabling member	3470 label Biography information for Lord Ahmed

167913

	registered interest
	date	04/12/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Fraud
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many prosecutions for phone scamming offences there were in each year from 2010.
	tabling member printed	Lord Kennedy of Southwark
	uin	HL3437
	answer	answer is ministerial correction date of answer 16/12/2014 answer text <p>The Crown Prosecution Service maintains a central record of the number of prosecutions it conducts for fraud and/or forgery offences; however, it is not possible to identify which of these offences were conducted, in whole or in part, through the telephone. To obtain this information would require a manual file examination which would incur a disproportionate cost.</p><p> </p> answering member printed Lord Wallace of Tankerness question first answered 16/12/2014 14:45:52 answering member 630 label Biography information for Lord Wallace of Tankerness
	tabling member	4153 label Biography information for Lord Kennedy of Southwark