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1248058

registered interest
date	02/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Profession: Brexit
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what steps they have taken to ensure that (1) EU nationals can still access legal services in the UK once the Brexit transition period ends, and (2) British nationals can access legal services in the EU.
tabling member printed	Lord Taylor of Warwick
uin	HL9885
answer	answer is ministerial correction date of answer 13/11/2020 answer text <p>The government recognises that citizens and businesses in both the UK and EU Member States rely on the expertise, experience and scale of supply that lawyers currently provide.</p><p>The government is seeking to negotiate reciprocal sector-specific provisions in the UK-EU Comprehensive Free Trade Agreement which would allow UK lawyers to provide legal advice on UK and International law in EU member states under their UK legal title on a temporary or permanent basis. These provisions remain subject to ongoing negotiations with the EU. UK lawyers will be subject to each EU Member State’s domestic framework which regulates provision of legal services. The government has posted guidance online at gov.uk and will be updating this once negotiations have concluded.</p><p>EU lawyers practising in the UK will no longer be able to provide regulated services under their home state professional title, although they can still become solicitors and barristers through existing transfer tests that are open to all foreign lawyers. The government has signposted on gov.uk that EU lawyers should speak to UK regulators for further information.</p> answering member printed Baroness Scott of Bybrook question first answered 13/11/2020 13:08:17 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	1796 label Biography information for Lord Taylor of Warwick

1248060

registered interest
date	02/11/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Protection: Court Orders
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to adopt the European Union Protection Measures Regulation (606/2013) into domestic law.
tabling member printed	Lord Taylor of Warwick
uin	HL9887
answer	answer is ministerial correction date of answer 12/11/2020 answer text <p>The Withdrawal Agreement negotiated by the Government ensures the EU ‘Protection Measures Regulation’ (606/2013) will continue to apply to protection measures in both the UK and EU Member States where a certificate is issued before the end of the transition period.</p><p> </p><p>In relation to protection measures where certificates are issued after the end of the transition period, the Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (SI 493 of 2019) provides that an incoming protection measure from an EU Member State shall continue to be recognised and will be enforceable in England and Wales and Northern Ireland.</p><p> </p><p>However, the instrument also removes the ability for the courts of England and Wales and Northern Ireland to issue an outgoing certificate, which is required for recognition and enforcement in an EU Member State under the Protection Measures Regulation. This is because we cannot legislate unilaterally to restore the reciprocity of approach, without which the court of an EU Member State could simply ignore protection measures issued by courts in the UK.</p><p> </p><p>These issues are devolved to Scotland. I understand the Scottish Government is considering its position.</p> answering member printed Baroness Scott of Bybrook question first answered 12/11/2020 14:33:10 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	1796 label Biography information for Lord Taylor of Warwick

1246886

registered interest
date	28/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners: Transgender People
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answers by Baroness Scott of Bybrook on 27 October (HL9110 and HL9111), how many transgender prisoners who have obtained a gender recognition certificate there are in each women’s prison; how many of those were sentenced to that prison term because of an assault against a woman; and what risk assessment they have carried out of the potential impact of those prisoners being held in women’s prison units.
tabling member printed	Lord Blencathra
uin	HL9709
answer	answer is ministerial correction date of answer 10/11/2020 answer text <p>We are committed to ensuring that transgender individuals are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.</p><p>Data is not held on the number of prisoners with Gender Recognition Certificates (GRCs) within the prison estate. There is no legal obligation for an individual with a GRC to disclose this as, under the Gender Recognition Act 2004, once an individual obtains a GRC, their acquired gender becomes legally recognised and they are entitled to the rights appropriate to anyone else of that gender.</p><p>Where it is known that an individual is transgender, a Local Case Board is held, as per our ‘Care and Management of Individuals who are Transgender’ policy framework, to consider what support should be provided and to consider any risks posed to, or from, the individual. Cases can then be referred to a centrally managed Complex Case Board (CCB), chaired by a senior prison manager, where the referral criteria are met. However, thorough and appropriate assessment of risk is of paramount importance for all those in our care, regardless of an individual’s gender or any protected characteristic they may or may not have.</p><p>Further information on the policy framework, the CCB referral criteria and the risk factors considered by CCBs can be found on the following link:- https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender.</p> answering member printed Baroness Scott of Bybrook question first answered 10/11/2020 17:30:04 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	497 label Biography information for Lord Blencathra

1246783

registered interest
date	27/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners' Transfers: Northern Ireland
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many offenders were transferred from prisons in England and Wales to prisons in Northern Ireland in (1) 2019, and (2) 2020 to date.
tabling member printed	Lord Browne of Belmont
uin	HL9622
answer	answer is ministerial correction date of answer 10/11/2020 answer text <p>Eight offenders were transferred from prisons in England and Wales to prisons in Northern Ireland in 2019. There have been no such transfers in 2020 as a result of Covid-19 restrictions.</p> answering member printed Baroness Scott of Bybrook question first answered 10/11/2020 16:24:23 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	3801 label Biography information for Lord Browne of Belmont

1246788

registered interest
date	27/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners: Children
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many children who were living with people now in prison, are currently living with the prisoners' partners.
tabling member printed	Lord Farmer
uin	HL9635
answer	answer is ministerial correction date of answer 10/11/2020 answer text <p>The information requested is not held centrally and could not be collated without incurring disproportionate cost as individual records would need to be analysed.</p> answering member printed Baroness Scott of Bybrook question first answered 10/11/2020 16:24:37 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	4321 label Biography information for Lord Farmer

1246789

registered interest
date	27/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners: Children
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to update the study by the Home Office Research Directorate Imprisoned Women and Mothers, published in 1997; and what assessment they have made of the finding in that report that only five per cent of female offenders’ children remain in the family home while their mother is in prison.
tabling member printed	Lord Farmer
uin	HL9636
answer	answer is ministerial correction date of answer 10/11/2020 answer text <p>Although responsibility for the children of offenders sits with the Secretary of State for Education, we are actively committed to joined-up working across Government and, in our Female Offender Strategy 2018, encouraged a partnership-focused approach to addressing the needs of both imprisoned mothers and children affected by maternal imprisonment.</p><p>The Female Offender Strategy, published in June 2018, sets out our commitment to improving outcomes for women at all stages of the justice system, and this includes supporting those who have children. We know that female prisoners are more likely than male prisoners to be a primary carer and imprisoned mothers are more likely to be living with their children prior to custody – around 60% of women compared with about 45% of men in prison who have children.</p><p>We recognise that maternal imprisonment can have particularly detrimental impact on family life, and that children whose mothers are in prison are a vulnerable group and may need additional help to address both the short and long-term impacts that maternal imprisonment can have.</p><p>We have accepted the recommendations made in your secondary report on women, which demonstrated that supporting women to build and maintain health family ties is one of the many important factors to successful rehabilitation. We are making good progress with implementation of the Review and where needed we are working across Government to deliver the recommendations to their best effect. Going forward<strong>, </strong>we acknowledge the need for improved collection and transparency of data on primary carers in prison and their dependents in the community.</p><p>At the moment, information on a prisoner’s caring responsibilities and children living in the community is monitored locally by prison Governors/Directors to ensure the appropriate support can be provided to women and their families. On reception into custody, all prisoners are asked if they have any children living at home and what their ages are. Currently, this information is not captured in a way that can be centrally monitored, and we know that there are challenges around parents being reluctant to disclose this information due to fear of involvement from social services. However, we are considering how to monitor and publish this information.</p> answering member printed Baroness Scott of Bybrook question first answered 10/11/2020 16:25:59 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	4321 label Biography information for Lord Farmer

1246840

registered interest
date	27/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Counterfeit Manufacturing: Drugs
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many convictions for the sale or distribution of counterfeit pharmaceutical products there were in each of the last four years.
tabling member printed	Lord Hay of Ballyore
uin	HL9644
answer	answer is ministerial correction date of answer 10/11/2020 answer text <p>The Ministry of Justice publishes information on prosecutions and convictions by detailed offence and figures relating to the offence “Sell or supply adulterated medicinal products or falsifying medical products” can be found in the Principal offence proceedings and outcomes by Home Office offence code data tool available at:</p><p> </p><p><a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/888344/HO-code-tool-principal-offence-2019.xlsx" target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/888344/HO-code-tool-principal-offence-2019.xlsx</a></p><p> </p><p>The data tool can be filtered by ‘Detailed offence’, for the above offence. Filter to the following:</p><p> </p><p>“Sell or supply adulterated medicinal products or falsifying medical products (triable either way offences)”</p><p> </p><p>In 2016 there were 4 convictions for the offence of selling or supplying adulterated medicinal products or falsifying medical products. In 2017 and 2018 there were 0 convictions for this offence; and there was 1 conviction in 2019.</p><p> </p><p>Please note that prosecutions and convictions relating to the offence of the sale or distribution of counterfeit pharmaceutical products may fall under some separate summary offences other than the one mentioned above, but these cannot be separately identified.</p> answering member printed Baroness Scott of Bybrook question first answered 10/11/2020 16:23:44 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	4352 label Biography information for Lord Hay of Ballyore

1246654

registered interest
date	26/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Marriage: Humanism
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to give humanist marriages legal recognition in England and Wales.
tabling member printed	Baroness Clark of Kilwinning
uin	HL9522
answer	answer is ministerial correction date of answer 09/11/2020 answer text <p>The Government announced in June 2019 that the Law Commission will conduct a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and consistent. The Government will decide on provision on the basis of the Law Commission's recommendations.</p><p>The Law Commission published a consultation paper on 3 September 2020 as part of its review and will welcome responses from all.</p> answering member printed Baroness Scott of Bybrook question first answered 09/11/2020 15:49:36 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	1590 label Biography information for Baroness Clark of Kilwinning

1246656

registered interest
date	26/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Crime
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what is the current level of intergenerational transmission of criminal offending, broken down by gender.
tabling member printed	Lord Farmer
uin	HL9526
answer	answer is ministerial correction date of answer 09/11/2020 answer text <p>Families and friends can be a positive influence on reducing reoffending. Strengthening the ties individuals have with their families and friends is one of the many important factors to successful rehabilitation and reducing intergenerational crime.</p><p>The Ministry of Justice is working collaboratively with the Department for Education and the Welsh Government to ensure that effective support is available within the community for children of prisoners to reduce the likelihood of intergenerational offending.</p><p>The specific information you have requested is not held centrally by the Ministry of Justice. We do not collect data on the criminal conviction status of the parents or children of those who come into contact with the Criminal Justice System. Therefore, it would not be possible to do any analysis on either the proportion of offenders who had parents with a criminal conviction, or offenders with children who have a conviction.</p><p>In the absence of holding this data ourselves, we rely on estimates from research studies, such as the MoJ SPCR survey in 2005/6 which found that 37% of prisoners reported having family members who had been convicted of a non-motoring criminal offence.</p> answering member printed Baroness Scott of Bybrook question first answered 09/11/2020 16:48:22 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	4321 label Biography information for Lord Farmer

1246657

registered interest
date	26/10/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners: Location
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what is the average distance from home that (1) adult prisoners, (2) imprisoned young offenders, and (3) imprisoned juvenile and child prisoners were held each year since 2009, broken down by gender.
tabling member printed	Lord Farmer
uin	HL9527
answer	answer is ministerial correction date of answer 09/11/2020 answer text <p>The information requested is not held centrally and could not be collated without incurring disproportionate cost, as individual records would need to be analysed.</p><p> </p><p>We acknowledge that distance from home can be a real challenge for the maintenance of family ties, and that this is particularly acute in the female estate. HM Prison and Probation Service is committed to ensuring that prisoners are accommodated as close as possible to their resettlement communities and families. We have introduced a range of measures to minimise the impacts of any suspension to visits, due to local restrictions. The Help with Prison Visits Scheme is also available for assistance where close relatives on a low income are able to apply for financial assistance on a means tested basis to facilitate visits to relatives in custody.</p><p> </p><p>This included introducing almost 1,500 secure mobile PIN phone handsets to contact family, provided additional pin credit for calls, and introduced video calls which are currently operating in over 100 prisons across England and Wales.</p><p> </p><p>Close proximity of is one of the key factors considered when choosing where to place prisoners, particularly for those on short sentences or nearing release, where they need to rebuild family ties, secure housing and health services and look for work. In the female estate, this is inevitably more challenging, as the smaller population means there are significantly fewer establishments more widely spread.</p><p> </p><p>We are committed to tackling domestic abuse and to supporting vulnerable individuals, such as female offenders who have experienced domestic abuse, to ensure they can rebuild their lives. We also acknowledge the need for improved collection and transparency of data on primary carers in prison and their dependents in the community. Information on a prisoner’s caring responsibilities and children living in the community is monitored locally by prison Governors and Directors to ensure the appropriate support can be provided to women and their families.</p><p> </p><p>We will continue to provide additional support to enable prisoners to maintain contact and support where prison regimes are restricted and will keep this under regular review especially for offenders and families with vulnerability issues.</p> answering member printed Baroness Scott of Bybrook grouped question UIN HL9528 HL9530 HL9531 question first answered 09/11/2020 16:47:41 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	4321 label Biography information for Lord Farmer