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77830

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether the Solicitors Regulation Authority is continuing to endorse the Law Society practice note on Sharia succession rules; and whether such an endorsement is compatible with the SRA's obligations under the Equality Act 2010; and if he will make a statement.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205890
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Solicitors Regulation Authority (SRA) is the independent regulatory arm of the Law Society, the approved regulator for solicitors under the Legal Services Act 2007. The SRA has advised that its recent guidance issued on the drafting and preparation of wills relates to conduct issues concerning the drafting and preparation of wills, rather than their content. At the end of that guidance, reference was made and links attached to other sources of information, amongst which was a link to the practice note issued by the Law Society. The SRA advise that such references are regularly attached to their guidance and are not an endorsement of their content. The SRA advise that the reference to the Law Society practice note has now been removed from the appendix to its guidance note.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara question first answered 22/07/2014 16:51:32 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker

78076

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what guidance judges will receive on settling inheritance disputes which were initially settled under the Sharia succession rules guidance issued by the Law Society.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205889
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.</p><p> </p><p>The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.</p><p> </p><p>The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara grouped question UIN 205887 205888 question first answered 22/07/2014 16:51:04 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker

78078

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what discussions he has had with the Law Society on its inclusion of Sharia succession rules in its guidance; and if he will make a statement.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205887
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.</p><p> </p><p>The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.</p><p> </p><p>The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara grouped question UIN 205888 205889 question first answered 22/07/2014 16:51:04 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker

78111

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment she has made of the Law Society's inclusion of Sharia succession rules in its guidance and its compatibility with existing equalities legislation.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205888
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.</p><p> </p><p>The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.</p><p> </p><p>The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara grouped question UIN 205887 205889 question first answered 22/07/2014 16:51:04 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker

40314

registered interest
date	26/02/2014
answering body	Home Office
answering dept id	1
answering dept short name
answering dept sort name
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many police forces in England have signed local protocols for those detained under the Mental Health Act 1983.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	189645
answer	answer is ministerial correction date of answer 14/05/2014 answer text <p> </p><p> </p><p>I understand that, as of 13 May 2014, 36 of the 39 territorial police forces in <br>England - plus British Transport Police - are currently signed up to local <br>protocols for those detained under the Mental Health Act 1983. The other 3 <br>forces report that they are in the process of agreeing such protocols with <br>local partner agencies.<br><br>The agreement of mental health protocols by local agencies is promoted at <br>national level, including through the Mental Health Act 1983 Codes of Practice <br>and the new national Mental Health Crisis Care Concordat, which states that:<br><br>‘Every area should have a local protocol in place, agreed by NHS commissioners, <br>the police force, the ambulance service, and social services. This should <br>describe the approach to be taken when a police officer uses powers under the <br>Mental Health Act'.<br><br>The Mental Health Crisis Care Concordat can be found at: <br>https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/281242<br>/36353_Mental_Health_Crisis_accessible.pdf<br><br>The Department of Health, supported by the Home Office and Mind, is encouraging <br>local areas to sign-up to the principles of the Concordat, with the expectation <br>that all areas in England will have signed local declarations by December <br>2014. The Department of Health will publish details of the areas that have <br>signed such declarations.</p><p> </p><p> </p><p> </p> answering member constituency Ashford answering member printed Damian Green question first answered 14/05/2014 12:00:00 answering member 76 label Biography information for Damian Green
tabling member	1493 label Biography information for Sir Charles Walker