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1682957

	registered interest
	date	17/01/2024
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Solicitors: Insolvency
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps his Department is taking to support clients of solicitors who fall into administration who (a) are being misinformed and (b) cease to be informed.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	10135
	answer	answer is ministerial correction date of answer 22/01/2024 answer text <p>The legal profession in England and Wales operates independently of government. The responsibility for regulating the sector sits with the approved regulators, overseen by the Legal Services Board (LSB). The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors, as well as most law firms in England and Wales. The SRA’s role involves protecting clients and the public.</p><p>The SRA works closely with firms to ensure that consumers’ interests are protected. Their website provides clear guidance for firms that are falling into administration and warns that they will intervene if consumers’ interests are at risk:<a href="https://www.sra.org.uk/solicitors/guidance/closing-down-your-practice/" target="_blank"> https://www.sra.org.uk/solicitors/guidance/closing-down-your-practice/.</a></p><p>The SRA also provides guidance for consumers affected by their law firm’s closure: <a href="https://www.sra.org.uk/consumers/problems/solicitor-closed-down/intervention/" target="_blank">https://www.sra.org.uk/consumers/problems/solicitor-closed-down/intervention/</a>.</p><p>The Legal Ombudsman (LeO) is also able to support consumers with concerns about law firms who are no longer operational. Their website provides information with regards to the different routes available for consumers depending on their personal circumstances <a href="https://www.legalombudsman.org.uk/for-consumers/factsheets/complaining-about-closed-service-providers/" target="_blank">https://www.legalombudsman.org.uk/for-consumers/factsheets/complaining-about-closed-service-providers/</a>.</p><p>Firms that fall into administration have a duty to make former clients aware. Notably, there are requirements in respect of the advertising and publication of an insolvency so that creditors and other interested parties are made aware. Further detail on this can be found here: <a href="https://www.gov.uk/guidance/technical-guidance-for-official-receivers/4-publication-of-insolvency-information" target="_blank">https://www.gov.uk/guidance/technical-guidance-for-official-receivers/4-publication-of-insolvency-information</a>.</p> answering member constituency Finchley and Golders Green answering member printed Mike Freer question first answered 22/01/2024 16:28:45 answering member 4004 label Biography information for Mike Freer
	tabling member	4243 label Biography information for Dan Jarvis

1682959

	registered interest
	date	17/01/2024
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Discretionary Trusts
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, whether his Department is taking steps to prevent the practice of intermediaries selling mismanaged Family Protection Trusts to clients.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	10136
	answer	answer is ministerial correction date of answer 22/01/2024 answer text <p>The legal profession in England and Wales operates independently of government. The responsibility for regulating the sector sits with the approved regulators, overseen by the Legal Services Board (LSB). Lawyers involved in setting up trusts are subject to regulation by independent regulators.</p><p>The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors, as well as most law firms in England and Wales. The SRA’s role involves protecting clients and the public, which means they have powers to prevent solicitors in breach of their standards and regulations from practising.</p><p>Complaints about solicitors’ poor behaviour and conduct can be made via their website at <a href="https://www.sra.org.uk/consumers/problems/report-solicitor/" target="_blank">https://www.sra.org.uk/consumers/problems/report-solicitor/</a>. If found in breach of said standards and regulations, the SRA has the power to impose a disciplinary sanction against a firm or individual. Further information on the type of sanctions that can be imposed can be found here: <a href="https://www.sra.org.uk/consumers/solicitor-check/sanctions/#:~:text=We%20may%20impose%20a%20disciplinary,of%20all%20firms%20we%20authorise." target="_blank">SRA | Sanctions | Solicitors Regulation Authority</a></p><p>According to the Legal Services Act (LSA) 2007, setting up a trust is not a reserved legal activity. HM Treasury may be better placed to respond to any questions about financial intermediaries and their role in setting up trusts.</p> answering member constituency Finchley and Golders Green answering member printed Mike Freer question first answered 22/01/2024 16:29:54 answering member 4004 label Biography information for Mike Freer
	tabling member	4243 label Biography information for Dan Jarvis

1677751

	registered interest
	date	13/12/2023
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prison Service: Smart Devices
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, if he will make an assessment of the prevalence of imported cellular internet of things modules in equipment used by the Prison Service; and what steps his Department is taking to ensure the security of such equipment.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	6799
	answer	answer is ministerial correction date of answer 18/12/2023 answer text <p>The UK takes its national security extremely seriously and has taken robust action to secure its critical infrastructure and resilience. For security reasons, we do not comment on specific prison security measures.</p><p> </p><p>The National Security and Investment Act allows the Government to intervene where foreign direct investment is targeted at innovative UK companies. Where such investment is within critical sectors, it is mandatory to notify the Government and this is subject to thorough assessment by the national security community. The Procurement Bill will also provide powers for the Government to exclude and debar companies from public procurement where the Government assesses there to be an intolerable national security risk.</p><p> </p><p>Additionally, the Government has taken specific action on Chinese-made devices on the Government estate. The Chancellor of the Duchy of Lancaster published a Written Ministerial Statement in November 2022 detailing instructions for departments to disconnect such surveillance equipment from core departmental networks, where it had been produced by companies subject to the National Intelligence Law of China. Government departments have been implementing these policies along with other protective security controls and will not hesitate to take further action if necessary.</p><p> </p><p>The Ministry of Justice keeps the security issues associated with internet facing technology/components under close review as part of its overall approach to security, and in line with GSG, NPSA and NCSC guidance.</p> answering member constituency Charnwood answering member printed Edward Argar question first answered 18/12/2023 14:48:10 answering member 4362 label Biography information for Edward Argar
	tabling member	4243 label Biography information for Dan Jarvis

1567126

	registered interest
	date	16/01/2023
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Bail: Sexual Offences
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of policies applying to bail conditions for sex offenders awaiting sentencing.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	123945
	answer	answer is ministerial correction date of answer 19/01/2023 answer text <p>The decision to remand an individual in custody or to grant bail is solely a matter for the courts acting in accordance with the law on a case by case basis.</p><p>Bail can only be refused where there are substantial grounds for believing that the individual would abscond, commit further offences, interfere with witnesses or otherwise obstruct the course of justice. Where the court grants bail, it does so with the proviso that the individual attends court, does not commit another offence while on bail and does not interfere with witnesses or otherwise obstruct the course of justice. The court may also decide to impose certain conditions to help ensure that the individual complies with these requirements and to help mitigate any other identified bail risks. Such conditions may include, but are not limited to, the surrender of passports to prevent the individual from travelling abroad.</p><p>The court can also impose a Sexual Risk Order where an individual has committed an act of a sexual nature which suggests that they pose a risk of harm to the public in the UK or children or vulnerable adults abroad.</p><p>The Government is working to ensure the courts have all the information they need to make an informed decision about the risk posed by an individual.</p><p>Information relating to bail conditions that are imposed by the courts is not centrally recorded in the Court Proceeding Database held by the Ministry of Justice and to obtain it would involve a manual interrogation of court records which would result in a disproportionate cost to the department.</p><p>On 17 January, the Justice Select Committee published its report entitled &quot;The Role of Adult Custodial Remand in the Criminal Justice System&quot;. The report makes recommendations which relate to bail conditions and to the availability of data. The Government will publish its response to the report on 17 March.</p> answering member constituency Charnwood answering member printed Edward Argar grouped question UIN 123946 question first answered 19/01/2023 13:42:50 answering member 4362 label Biography information for Edward Argar
	tabling member	4243 label Biography information for Dan Jarvis

1567127

	registered interest
	date	16/01/2023
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Bail: Sexual Offences
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what information his Department holds on the number of sex offenders awaiting sentencing who have gained permission to leave the country, as specified in their bail conditions, since 2010.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	123946
	answer	answer is ministerial correction date of answer 19/01/2023 answer text <p>The decision to remand an individual in custody or to grant bail is solely a matter for the courts acting in accordance with the law on a case by case basis.</p><p>Bail can only be refused where there are substantial grounds for believing that the individual would abscond, commit further offences, interfere with witnesses or otherwise obstruct the course of justice. Where the court grants bail, it does so with the proviso that the individual attends court, does not commit another offence while on bail and does not interfere with witnesses or otherwise obstruct the course of justice. The court may also decide to impose certain conditions to help ensure that the individual complies with these requirements and to help mitigate any other identified bail risks. Such conditions may include, but are not limited to, the surrender of passports to prevent the individual from travelling abroad.</p><p>The court can also impose a Sexual Risk Order where an individual has committed an act of a sexual nature which suggests that they pose a risk of harm to the public in the UK or children or vulnerable adults abroad.</p><p>The Government is working to ensure the courts have all the information they need to make an informed decision about the risk posed by an individual.</p><p>Information relating to bail conditions that are imposed by the courts is not centrally recorded in the Court Proceeding Database held by the Ministry of Justice and to obtain it would involve a manual interrogation of court records which would result in a disproportionate cost to the department.</p><p>On 17 January, the Justice Select Committee published its report entitled &quot;The Role of Adult Custodial Remand in the Criminal Justice System&quot;. The report makes recommendations which relate to bail conditions and to the availability of data. The Government will publish its response to the report on 17 March.</p> answering member constituency Charnwood answering member printed Edward Argar grouped question UIN 123945 question first answered 19/01/2023 13:42:51 answering member 4362 label Biography information for Edward Argar
	tabling member	4243 label Biography information for Dan Jarvis

1506210

	registered interest
	date	08/09/2022
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Wills: Digital Assets
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps his Department is taking to improve access to digital assets for next of kin where they are not reference in the will of the deceased.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	49668
	answer	answer is ministerial correction date of answer 23/09/2022 answer text <p>The Government will consider recommendations made in respect of accessing digital assets after a person has died and inheritance questions for such rights, in the light of two forthcoming law reform reports being undertaken by the Law Commission.</p><p>The first of these is the law reform project on digital assets which is exploring how the existing law of personal property applies to digital assets. The Law Commission’s consultation paper on this topic was issued in July and runs to 4 November 2022.</p><p>The second is the Law Commission’s law reform project reviewing the law of wills which will contribute to the evidence base around the transfer of digital assets on death.</p> answering member constituency Redditch answering member printed Rachel Maclean question first answered 23/09/2022 08:26:03 answering member 4668 label Biography information for Rachel Maclean
	tabling member	4243 label Biography information for Dan Jarvis

1486277

	registered interest
	date	04/07/2022
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Employment Tribunals Service
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many applications Employment Tribunals allowed to be submitted out of time in each of the last 10 years.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	30022
	answer	answer is ministerial correction date of answer 07/07/2022 answer text <p>HM Courts &amp; Tribunals Service does not centrally record the number of out of time applications that are accepted.</p> answering member constituency Corby answering member printed Tom Pursglove question first answered 07/07/2022 15:34:44 answering member 4369 label Biography information for Tom Pursglove
	tabling member	4243 label Biography information for Dan Jarvis

1433766

	registered interest
	date	21/02/2022
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Domestic Abuse
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what recent progress he has made on creating a statement of practice on domestic abuse.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	126645
	answer	answer is ministerial correction date of answer 24/02/2022 answer text <p>In response to the MoJ expert panel’s report, published in 2020, the Government committed to working with all key partners in the family justice system to design a statement of practice for cases raising issues of domestic abuse or other risks of harm. This statement of practice will take into account provisions made in the Domestic Abuse Act 2021, and learning from the development of the Integrated Domestic Abuse Courts. This is being progressed jointly by system leaders with oversight from the Family Justice Board.</p> answering member constituency Corby answering member printed Tom Pursglove question first answered 24/02/2022 20:02:08 answering member 4369 label Biography information for Tom Pursglove
	tabling member	4243 label Biography information for Dan Jarvis

1433769

	registered interest
	date	21/02/2022
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Family Courts: Pilot Schemes
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what recent progress he has made on piloting (a) integrated domestic abuse courts and (b) other new types of family courts.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	126646
	answer	answer is ministerial correction date of answer 01/03/2022 answer text <p>We are committed to improving the family court experience for survivors of domestic abuse and their children. On 21 February 2022, we launched the Integrated Domestic Abuse Court pilot in courts in Dorset and North Wales. The pilot is testing a new approach to dealing with certain private law proceedings. It moves away from the adversarial model and towards a more investigative, problem-solving approach based on the features and risk profile of a case. The pilot courts will be able to offer out of court issue resolution for cases with no safeguarding concerns by incorporating referral or signposting to local or digital resources.</p><p> </p><p>Family Drug and Alcohol Courts are another new type of family court. These courts provide a problem-solving approach to care proceedings, specialising in alcohol and substance misuse. In this approach, a team of substance misuse specialists, domestic violence experts, psychiatrists and social workers carry out an early assessment and agree an intervention plan with parents who come before the court in care proceedings. The Family Drug and Alcohol Courts model is delivered by the Centre for Justice and Innovation, and the Department for Education is the lead government department with responsibility in this area.</p> answering member constituency South Suffolk answering member printed James Cartlidge question first answered 01/03/2022 16:54:39 answering member 4519 label Biography information for James Cartlidge
	tabling member	4243 label Biography information for Dan Jarvis

1415886

	registered interest
	date	24/01/2022
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Children: Protection
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, with reference to his Department's Press Release of 9 November 2020 entitled Child protection at the heart of courts review, when he plans to publish that review.
	tabling member constituency	Barnsley Central
	tabling member printed	Dan Jarvis
	uin	110367
	answer	answer is ministerial correction date of answer 27/01/2022 answer text <p>Work is underway on the review into the presumption of parental involvement in private law proceedings. The review is focused on the application of the presumption, and the statutory exception, in cases where there is evidence to suggest that parental involvement will put the child at risk of harm. Covid-19 has led to delays in the commissioning and delivery of the literature review, qualitative research project, and judgment analysis. All three strands are now on track to complete by the end of the year.</p> answering member constituency Corby answering member printed Tom Pursglove grouped question UIN 110368 question first answered 27/01/2022 17:24:40 answering member 4369 label Biography information for Tom Pursglove
	tabling member	4243 label Biography information for Dan Jarvis