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386199

	registered interest
	date	29/06/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Director of Public Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, if he will make it his policy to enable a Select Committee to hold a confirmation hearings for the post of Director of Public Prosecutions.
	tabling member constituency	Clacton
	tabling member printed	Mr Douglas Carswell
	uin	4608
	answer	answer is ministerial correction date of answer 07/07/2015 answer text <blockquote><p> </p><p>The post of Director of Public Prosecutions (DPP) is a Civil Service appointment. The process is conducted by the independent Civil Service Commission in line with statute and the Government has no plans to change this. The Commission appoints a panel to carry out the process. In recent competitions, the panel has consisted of the Cabinet Secretary, a senior Civil Service Commissioner, a non-executive director from the relevant department and an external stakeholder - which in the case of the DPP might be a Court of Appeal judge.</p><p> </p></blockquote> answering member constituency South Swindon answering member printed Robert Buckland question first answered 07/07/2015 11:00:36 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1527 label Biography information for Mr Douglas Carswell

386497

	registered interest
	date	30/06/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Radicalism
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what steps the CPS is taking to ensure the effective prosecution of British nationals inciting extremism.
	tabling member constituency	Romford
	tabling member printed	Andrew Rosindell
	uin	4897
	answer	answer is ministerial correction date of answer 08/07/2015 answer text <p>Prosecutions for offences of stirring up racial and religious hatred and hatred based upon sexual orientation can only be brought with the consent of one of the Law Officers.</p><p>All cases where terrorism-related or incitement to hatred offences are being considered are dealt with by Specialist Prosecutors in the Crown Prosecution Service (CPS) Special Crime and Counter Terrorism Division to ensure a consistent approach. The CPS has also established a network of Hate Crime Coordinators to ensure that good practice and innovation is shared, produced a Hate Crime Strategy for 2014-17 and issued internal guidance to prosecutors setting out its approach to those involved in committing acts of violent extremism and inciting racial and religious hatred and hatred based upon sexual orientation.</p><p>Since 2006 27 defendants have been successfully prosecuted under the Public Order Act 1986 for offences related to inciting racial, religious or sexual hatred. In addition to this since ISIL was made a proscribed organisation in June 2014 6 individuals have been successfully prosecuted under the terrorism Act 2006 for inciting or promoting terrorist activities.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 08/07/2015 13:58:16 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1447 label Biography information for Andrew Rosindell

387360

	registered interest
	date	02/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Attorney General: Freedom of Information
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what instructions have been given to staff in the Law Officers' Departments dealing with freedom of information requests on the application of Freedom of Information Act Awareness Guidance No. 19, issued by the Information Commissioner's Office, in considering whether to apply the exemptions in section 38 of the Freedom of Information Act 2000.
	tabling member constituency	Glenrothes
	tabling member printed	Peter Grant
	uin	5319
	answer	answer is ministerial correction date of answer 08/07/2015 answer text <p>The information which is available on the use of section 38(1)(a) and 38(1)(b) by the Law Officers Departments is contained in the following table.</p><p> </p><p> </p><p> </p><table><tbody><tr><td colspan="2"><p><strong>Number of occasions Section 38(1)(a) applied</strong></p></td></tr><tr><td> </td><td><p><strong>Crown Prosecution Service</strong></p></td></tr><tr><td><p>2010</p></td><td><p>2</p></td></tr><tr><td><p>2011</p></td><td><p>2</p></td></tr><tr><td><p>2012</p></td><td><p>1</p></td></tr><tr><td><p>2013</p></td><td><p>3</p></td></tr><tr><td><p>2014</p></td><td><p>3</p></td></tr></tbody></table><p> </p><p> </p><p> </p><table><tbody><tr><td colspan="3"><p><strong>Number of occasions Section 38(1)(b) applied</strong></p></td></tr><tr><td> </td><td><p><strong>Crown Prosecution Service</strong></p></td><td><p><strong>Treasury Solicitors Department</strong></p></td></tr><tr><td><p>2010</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>2011</p></td><td><p>3</p></td><td><p>0</p></td></tr><tr><td><p>2012</p></td><td><p>2</p></td><td><p>0</p></td></tr><tr><td><p>2013</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>2014</p></td><td><p>0</p></td><td><p>0</p></td></tr></tbody></table><p> </p><p> </p><p> </p><p>More detailed figures for the constituent parts of section 38 are not readily available for the remaining Law Officers Departments, as their systems are not designed to provide a more detailed breakdown than is required for published statistics.</p><p> </p><p> </p><p> </p><p><em>Statistics on the use of Freedom of Information exemptions by the Law Officers Departments are published by the Ministry of Justice (Table 10 of annual reports). They are available here </em><a title="https://www.gov.uk/government/collections/government-foi-statistics" href="https://www.gov.uk/government/collections/government-foi-statistics" target="_blank">https://www.gov.uk/government/collections/government-foi-statistics</a><em>. </em></p><p> </p><p> </p><p> </p><p>These statistics provide the number of times section 38 as a whole has been used by each government department.</p><p> </p><p> </p><p> </p><p>No guidance has been issued to staff on the application of Freedom of Information Act Awareness Guidance No.19, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published its own guidance on the use of this exemption. This is available here: <a title="http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance" href="http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance" target="_blank">http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance</a>.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland grouped question UIN 5277 5298 question first answered 08/07/2015 10:10:07 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4466 label Biography information for Peter Grant

387361

	registered interest
	date	02/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Attorney General: Freedom of Information
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, on how many occasions the Law Officers' Departments applied the exemption in section 38(1)(a) of the Freedom of Information Act 2000 (disclosure likely to endanger the physical or mental health of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.
	tabling member constituency	Glenrothes
	tabling member printed	Peter Grant
	uin	5277
	answer	answer is ministerial correction date of answer 08/07/2015 answer text <p>The information which is available on the use of section 38(1)(a) and 38(1)(b) by the Law Officers Departments is contained in the following table.</p><p> </p><p> </p><p> </p><table><tbody><tr><td colspan="2"><p><strong>Number of occasions Section 38(1)(a) applied</strong></p></td></tr><tr><td> </td><td><p><strong>Crown Prosecution Service</strong></p></td></tr><tr><td><p>2010</p></td><td><p>2</p></td></tr><tr><td><p>2011</p></td><td><p>2</p></td></tr><tr><td><p>2012</p></td><td><p>1</p></td></tr><tr><td><p>2013</p></td><td><p>3</p></td></tr><tr><td><p>2014</p></td><td><p>3</p></td></tr></tbody></table><p> </p><p> </p><p> </p><table><tbody><tr><td colspan="3"><p><strong>Number of occasions Section 38(1)(b) applied</strong></p></td></tr><tr><td> </td><td><p><strong>Crown Prosecution Service</strong></p></td><td><p><strong>Treasury Solicitors Department</strong></p></td></tr><tr><td><p>2010</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>2011</p></td><td><p>3</p></td><td><p>0</p></td></tr><tr><td><p>2012</p></td><td><p>2</p></td><td><p>0</p></td></tr><tr><td><p>2013</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>2014</p></td><td><p>0</p></td><td><p>0</p></td></tr></tbody></table><p> </p><p> </p><p> </p><p>More detailed figures for the constituent parts of section 38 are not readily available for the remaining Law Officers Departments, as their systems are not designed to provide a more detailed breakdown than is required for published statistics.</p><p> </p><p> </p><p> </p><p><em>Statistics on the use of Freedom of Information exemptions by the Law Officers Departments are published by the Ministry of Justice (Table 10 of annual reports). They are available here </em><a title="https://www.gov.uk/government/collections/government-foi-statistics" href="https://www.gov.uk/government/collections/government-foi-statistics" target="_blank">https://www.gov.uk/government/collections/government-foi-statistics</a><em>. </em></p><p> </p><p> </p><p> </p><p>These statistics provide the number of times section 38 as a whole has been used by each government department.</p><p> </p><p> </p><p> </p><p>No guidance has been issued to staff on the application of Freedom of Information Act Awareness Guidance No.19, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published its own guidance on the use of this exemption. This is available here: <a title="http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance" href="http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance" target="_blank">http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance</a>.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland grouped question UIN 5298 5319 question first answered 08/07/2015 10:10:08 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4466 label Biography information for Peter Grant

387362

	registered interest
	date	02/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Attorney General: Freedom of Information
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, on how many occasions the Law Officers' Departments applied the exemption in section 38(1)(b) of the Freedom of Information Act 2000 (disclosure likely to endanger the safety of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.
	tabling member constituency	Glenrothes
	tabling member printed	Peter Grant
	uin	5298
	answer	answer is ministerial correction date of answer 08/07/2015 answer text <p>The information which is available on the use of section 38(1)(a) and 38(1)(b) by the Law Officers Departments is contained in the following table.</p><p> </p><p> </p><p> </p><table><tbody><tr><td colspan="2"><p><strong>Number of occasions Section 38(1)(a) applied</strong></p></td></tr><tr><td> </td><td><p><strong>Crown Prosecution Service</strong></p></td></tr><tr><td><p>2010</p></td><td><p>2</p></td></tr><tr><td><p>2011</p></td><td><p>2</p></td></tr><tr><td><p>2012</p></td><td><p>1</p></td></tr><tr><td><p>2013</p></td><td><p>3</p></td></tr><tr><td><p>2014</p></td><td><p>3</p></td></tr></tbody></table><p> </p><p> </p><p> </p><table><tbody><tr><td colspan="3"><p><strong>Number of occasions Section 38(1)(b) applied</strong></p></td></tr><tr><td> </td><td><p><strong>Crown Prosecution Service</strong></p></td><td><p><strong>Treasury Solicitors Department</strong></p></td></tr><tr><td><p>2010</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>2011</p></td><td><p>3</p></td><td><p>0</p></td></tr><tr><td><p>2012</p></td><td><p>2</p></td><td><p>0</p></td></tr><tr><td><p>2013</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>2014</p></td><td><p>0</p></td><td><p>0</p></td></tr></tbody></table><p> </p><p> </p><p> </p><p>More detailed figures for the constituent parts of section 38 are not readily available for the remaining Law Officers Departments, as their systems are not designed to provide a more detailed breakdown than is required for published statistics.</p><p> </p><p> </p><p> </p><p><em>Statistics on the use of Freedom of Information exemptions by the Law Officers Departments are published by the Ministry of Justice (Table 10 of annual reports). They are available here </em><a title="https://www.gov.uk/government/collections/government-foi-statistics" href="https://www.gov.uk/government/collections/government-foi-statistics" target="_blank">https://www.gov.uk/government/collections/government-foi-statistics</a><em>. </em></p><p> </p><p> </p><p> </p><p>These statistics provide the number of times section 38 as a whole has been used by each government department.</p><p> </p><p> </p><p> </p><p>No guidance has been issued to staff on the application of Freedom of Information Act Awareness Guidance No.19, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published its own guidance on the use of this exemption. This is available here: <a title="http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance" href="http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance" target="_blank">http://www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance</a>.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland grouped question UIN 5277 5319 question first answered 08/07/2015 10:10:08 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4466 label Biography information for Peter Grant

387751

	registered interest
	date	06/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Islamic State: Flags
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many prosecutions there have been as a result of displaying the ISIL flag in the United Kingdom.
	tabling member printed	The Marquess of Lothian
	uin	HL1128
	answer	answer is ministerial correction date of answer 17/07/2015 answer text <p>Proscription is an important means of disrupting terrorist organisations in the UK. The Islamic State of Iraq and the Levant (ISIL) also known as The Islamic State of Iraq al-Sham (ISIS) was proscribed as a terrorist organization in the UK with effect from 20 June 2014.</p><p> </p><p> </p><p> </p><p>Section 13 of the Terrorism Act 2000 provides that a person commits an offence if he, in a public place, wears an item of clothing or wears, carries or displays article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation. Flags would come within the definition of “article”. This is a summary only offence carrying a maximum of six months imprisonment or a fine.</p><p> </p><p> </p><p> </p><p>To date there have been no prosecutions in England and Wales as a result of displaying a flag in such a way or in such circumstances as to arouse reasonable suspicion that the person displaying it is a member or supporter of ISIL. A black flag of the type associated with ISIL has featured in a number of prosecutions of individuals for more serious terrorist offences.</p><p> </p> answering member printed Lord Keen of Elie question first answered 17/07/2015 12:22:22 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	259 label Biography information for The Marquess of Lothian

387767

	registered interest
	date	06/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Sentencing: Appeals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, on how many occasions his Department has referred a criminal sentence to the Court of Appeal for review because it was felt to be unduly lenient in 2015.
	tabling member constituency	Redditch
	tabling member printed	Karen Lumley
	uin	5701
	answer	answer is ministerial correction date of answer 13/07/2015 answer text <p>In the year to 31<sup>st </sup>December 2014, the Law Officers personally considered 469 cases and referred 128 offenders to the Court of Appeal under the unduly lenient sentence scheme. Leave was granted by the Court in 95% of cases which included some of the most serious violent and sexual offences, including murder, rape and sexual assault.</p><p> </p><p> </p><p>The Attorney General’s Office publishes statistics for unduly lenient sentences at the end of the calendar year. This is to ensure that the figures are released in a consistent format and are accurate and quality assured. Unduly lenient sentences statistics for 2013 and 2014 are published on the Attorney General’s Office website - <a href="http://www.gov.uk/government/organisations/attorney-generals-office" target="_blank">www.gov.uk/government/organisations/attorney-generals-office</a>.</p> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright question first answered 13/07/2015 08:38:15 answering member 1560 label Biography information for Sir Jeremy Wright
	tabling member	4023 label Biography information for Karen Lumley

387884

	registered interest
	date	06/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Crown Prosecution Service
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, if he will review the position of the incumbent Director of Public Prosecutions in view of the recent decision to charge Lord Janner.
	tabling member constituency	Rochdale
	tabling member printed	Simon Danczuk
	uin	5644
	answer	answer is ministerial correction date of answer 09/07/2015 answer text <p><ins class="ministerial">Decisions on whether or not to bring criminal charges are taken by prosecutors who are independent from government and independent from Parliament. I am confident of the independence and the integrity of the Director of Public Prosecutions (DPP), Alison Saunders, in making the difficult judgements the job of a prosecutor involves.</ins></p><p><ins class="ministerial">The Victims’ Right to Review, which Alison Saunders helped to bring in, allows any victim of crime who is dissatisfied with a decision taken by a prosecutor not to proceed with their case to ask for the decision to be reviewed. This review has operated as it was designed to in the case of Greville Janner.</ins></p><p><ins class="ministerial">We are world leaders in offering that safeguard for victims and since Alison Saunders has been DPP, the CPS has prosecuted and convicted more child sex offenders than ever before.</ins></p><p> </p><p><del class="ministerial">In the year to 31<sup>st </sup>December 2014, the Law Officers personally considered 469 cases and referred 128 offenders to the Court of Appeal under the unduly lenient sentence scheme. Leave was granted by the Court in 95% of cases which included some of the most serious violent and sexual offences, including murder, rape and sexual assault.</del></p><p><br /><del class="ministerial">The Attorney General’s Office publishes statistics for unduly lenient sentences at the end of the calendar year. This is to ensure that the figures are released in a consistent format and are accurate and quality assured. Unduly lenient sentences statistics for 2013 and 2014 are published on the Attorney General’s Office website - <a href="http://www.gov.uk/government/organisations/attorney-generals-office" target="_blank">www.gov.uk/government/organisations/attorney-generals-office</a>. </del></p> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright question first answered 09/07/2015 12:58:22 question first ministerially corrected 09/07/2015 13:24:23 answering member 1560 label Biography information for Sir Jeremy Wright previous answer version 13176 answering member constituency Kenilworth and Southam answering member printed Jeremy Wright answering member 1560 label Biography information for Sir Jeremy Wright
	tabling member	4059 label Biography information for Simon Danczuk

388688

	registered interest
	date	08/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Social Workers: Negligence
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what the Government's policy is on the prosecution of social workers for wilful neglect.
	tabling member constituency	Birkenhead
	tabling member printed	Frank Field
	uin	6149
	answer	answer is ministerial correction date of answer 13/07/2015 answer text <p>In prosecuting cases of wilful neglect by social workers, prosecutors apply the two stages of the Full Code Test, as set out in the Code for Crown Prosecutors. There must be sufficient evidence for a realistic prospect of conviction and a prosecution must be in the public interest. The Director of Public Prosecutions will shortly issue further guidance for prosecutors on the ill treatment or wilful neglect offences created by sections 20 and 21 of the Criminal Justice and Courts Act 2015. These provisions allow for the prosecution of, amongst others, social workers and social care providers providing formal adult social care who ill-treat or wilfully neglect individuals in their care. They add to criminal offences addressing the ill-treatment or wilful neglect of children, adults who lack capacity, and those subject to the Mental Health Act 1983.</p><p> </p> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright question first answered 13/07/2015 10:34:06 answering member 1560 label Biography information for Sir Jeremy Wright
	tabling member	478 label Biography information for Lord Field of Birkenhead

388834

	registered interest
	date	09/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Attorney General: Ministerial Policy Advisers
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what the name, responsibilities and pay band are of each special adviser in the Law Officers' Departments.
	tabling member constituency	West Aberdeenshire and Kincardine
	tabling member printed	Stuart Blair Donaldson
	uin	6321
	answer	answer is ministerial correction date of answer 14/07/2015 answer text <p>I refer the Hon. Member to the answer my Right Hon. Friend the Minister for the Cabinet Office gave on 13<sup>th</sup> July 2015 to Question <a href="http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2015-07-07/5983/" target="_blank">5983</a>.</p> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright question first answered 14/07/2015 16:16:25 answering member 1560 label Biography information for Sir Jeremy Wright
	tabling member	4377 label Biography information for Stuart Blair Donaldson