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65379

	registered interest
	date	02/07/2014
	answering body	Department for Work and Pensions
	answering dept id	29
	answering dept short name	Work and Pensions
	answering dept sort name	Work and Pensions
	hansard heading	Work Capability Assessment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Work and Pensions, how many decisions based on work capability assessments were overturned during the completion of the mandatory reconsideration period in (a) 2013-14 and (b) 2012-13.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	203624
	answer	answer is ministerial correction date of answer 07/07/2014 answer text <p /> <p /> <p /> <p>The Department is collecting information to understand how the introduction of mandatory reconsideration (MR) is operating.</p><p> </p><p>However, this data is not sufficiently robust and reliable to make available at this time.</p><p> </p><p> </p><p><strong> </strong></p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 07/07/2014 14:22:31 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	1536 label Biography information for Emily Thornberry

65408

	registered interest
	date	02/07/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Minimum Wage
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, what criteria HM Revenue and Customs use to determine whether a case where an employer is paying one or more employees less than the minimum wage is pursued by the civil route or the criminal route.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	203783
	answer	answer is ministerial correction date of answer 08/07/2014 answer text <p>The Department for Business Innovation and Skills (BIS) is responsible for National Minimum Wage (NMW) policy, including the policy on compliance and enforcement. HM Revenue and Customs enforces the NMW Act on behalf of BIS.</p><p> </p><p>BIS have set out how the Government operates the civil and criminal enforcement of the NMW in a policy document headed ‘Policy on HM Revenue and Customs enforcement, prosecutions and naming employers who break national minimum wage law (March 2014)'. This document is available on-line at www.gov.uk/government/publications/enforcing-national-minimum-wage-law</p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke question first answered 08/07/2014 14:49:05 answering member 1529 label Biography information for Mr David Gauke
	tabling member	1536 label Biography information for Emily Thornberry

65407

	registered interest
	date	02/07/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Minimum Wage
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, how many civil enforcement actions HM Revenue and Customs has taken against employers over non-payment of the minimum wage in the last five years.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	203782
	answer	answer is ministerial correction date of answer 08/07/2014 answer text <p>The Government takes the enforcement of National Minimum Wage (NMW) very seriously and HM Revenue &amp; Customs (HMRC) review every complaint that is referred to them, investigating the complaint and, in addition, carrying out targeted enforcement where we identify a high risk of non-payment of NMW.</p><p> </p><p>The majority of employers identified as paying below the NMW will pay arrears on receipt of a formal Notice of Underpayment, i.e. civil enforcement action.</p><p> </p><p>I refer the hon. Member to the answer on 6 May 2014, Official Report, column 110W, for the number of non-compliant employers for the period requested.</p><p> </p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke question first answered 08/07/2014 14:39:50 answering member 1529 label Biography information for Mr David Gauke
	tabling member	1536 label Biography information for Emily Thornberry

65409

	registered interest
	date	02/07/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Minimum Wage
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, what the 10 largest amounts of unpaid arrears were that were imposed in the last five years against employers who paid one or more employees less than the minimum wage; and whether any of those employers were prosecuted.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	203784
	answer	answer is ministerial correction date of answer 23/07/2014 answer text <p>The Government takes the enforcement of National Minimum Wage (NMW) very seriously and HM Revenue and Customs (HMRC) review every complaint that is referred to them, investigating the complaint and, in addition, carrying out targeted enforcement where they identify a high risk of non-payment of NMW.</p><p> </p><p>The following table shows the 10 largest amounts of arrears identified. The majority of employers identified as paying below the NMW will pay arrears on receipt of a formal Notice of Underpayment, i.e. civil enforcement action. The 1998 Act makes provision for criminal proceedings to be brought for offences under section 31 of that Act, and those offences cover a range of possible non-compliant behaviours. Criminal proceedings were not commenced in the 10 cases listed.</p><p> </p><table><tbody><tr><td><p>Large arrears identified between 2009 to present</p></td></tr><tr><td><p>£724,445</p></td></tr><tr><td><p>£690,980</p></td></tr><tr><td><p>£653,491</p></td></tr><tr><td><p>£400,761</p></td></tr><tr><td><p>£297,361</p></td></tr><tr><td><p>£211,065</p></td></tr><tr><td><p>£203,769</p></td></tr><tr><td><p>£193,436</p></td></tr><tr><td><p>£187,573</p></td></tr><tr><td><p>£168,592</p></td></tr></tbody></table><p> </p><p>For the cases above that occurred after April 2009, the maximum penalty was charged.</p><p> </p><p>This Government has increased the financial penalty percentage that employers pay for breaking minimum wage law from 50% to 100% and the maximum penalty has increased from £5,000 to £20,000. The revised penalty is calculated as 100% of the total underpayment for all of the workers specified in a Notice of Underpayment relating to pay reference periods that commence on or after 7 March 2014.</p><p> </p><p> </p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke question first answered 23/07/2014 15:01:33 answering member 1529 label Biography information for Mr David Gauke
	tabling member	1536 label Biography information for Emily Thornberry

77535

	registered interest
	date	14/07/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Minimum Wage
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, how many non-criminal financial penalties were issued by HM Revenue and Customs to employers for underpayment of the minimum wage in each of the last six financial years.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	205613
	answer	answer is ministerial correction date of answer 12/09/2014 answer text <p>The Government takes the enforcement of National Minimum Wage (NMW) very seriously and HMRC enforce NMW legislation on behalf of the Department for Business, Innovation and Skills (BIS) and has done so since the introduction of NMW in April 1999.</p><p> </p><p>The vast majority of employers obey the law and pay their employees at least the national minimum wage.</p><p> </p><p>HMRC investigates all complaints made about employers suspected of not paying the minimum wage, in addition to carrying out targeted enforcement where it identifies a high risk of non-payment of NMW across the whole of the UK.</p><p> </p><p>The number of penalties issued for non-payment of National Minimum Wage for the timescales requested is set out below:</p><p> </p><p> </p><p> </p><table><tbody><tr><td><p><strong>Financial year</strong></p></td><td><p><strong>Penalties issued</strong></p></td><td><p><strong>Penalties amount</strong></p></td></tr><tr><td><p>2008/09</p></td><td><p>N/A*</p></td><td><p>N/A*</p></td></tr><tr><td><p>2009/10</p></td><td><p>381</p></td><td><p>£111,183</p></td></tr><tr><td><p>2010/11</p></td><td><p>934</p></td><td><p>£520,568</p></td></tr><tr><td><p>2011/12</p></td><td><p>906</p></td><td><p>£766,807</p></td></tr><tr><td><p>2012/13</p></td><td><p>708</p></td><td><p>£776,517</p></td></tr><tr><td><p>2013/14</p></td><td><p>652</p></td><td><p>£815,269</p></td></tr></tbody></table><p> </p><p> </p><p>*Civil penalties were introduced on 6 April 2009 for employers who are found to have underpaid their workers.</p><p> </p><p>I refer the honourable member to my response of 6 May 2014, Hansard Column 110W. In 2008/09, there were 4317 complete inspections with 1746 incidences of non-compliance.</p><p> </p><p> </p><p>In all years, the remaining investigations did not highlight sufficient evidence to prove non-compliance with the National Minimum Wage Act.</p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 205614 question first answered 12/09/2014 09:50:00 answering member 1529 label Biography information for Mr David Gauke
	tabling member	1536 label Biography information for Emily Thornberry

77521

	registered interest
	date	14/07/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Minimum Wage
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, what steps HM Revenue and Customs takes when an employer whom it has deemed to have underpaid the minimum wage absconds without repaying the money owed.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	205524
	answer	answer is ministerial correction date of answer 18/08/2014 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously. HMRC review every complaint that is referred to them by the Pay and Work Rights Helpline. In addition, by collating and analysing data received from various sources, HMRC ensure targeted enforcement through robust risk assessment processes to identify employers across the United Kingdom who are more likely to be not paying NMW.</p><p> </p><p>The majority of employers identified as paying below National Minimum Wage will pay arrears on receipt of a formal Notice of Underpayment. Where they don’t, we will pursue recovery through the civil courts.</p><p> </p><p>For deliberate non-compliance or obstructive behaviour, we investigate at a criminal level. This could include employers who abscond.</p><p> </p><p>The statistics requested on absconded employers are not available, and HMRC does not routinely collect statistics on falsification and obstruction of investigation.</p><p> </p><p> </p><p>Of those employers prosecuted within the last five financial years, there were no incidences of previous underpayment of the National Minimum Wage. Employment Tribunals are the responsibility of HM Courts &amp; Tribunals Service.</p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 205525 205612 question first answered 18/08/2014 10:01:33 answering member 1529 label Biography information for Mr David Gauke
	tabling member	1536 label Biography information for Emily Thornberry

77527

	registered interest
	date	14/07/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Minimum Wage
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, what outstanding total of minimum wage arrears were unpaid because the employer had absconded in each of the last five years.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	205525
	answer	answer is ministerial correction date of answer 18/08/2014 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously. HMRC review every complaint that is referred to them by the Pay and Work Rights Helpline. In addition, by collating and analysing data received from various sources, HMRC ensure targeted enforcement through robust risk assessment processes to identify employers across the United Kingdom who are more likely to be not paying NMW.</p><p> </p><p>The majority of employers identified as paying below National Minimum Wage will pay arrears on receipt of a formal Notice of Underpayment. Where they don’t, we will pursue recovery through the civil courts.</p><p> </p><p>For deliberate non-compliance or obstructive behaviour, we investigate at a criminal level. This could include employers who abscond.</p><p> </p><p>The statistics requested on absconded employers are not available, and HMRC does not routinely collect statistics on falsification and obstruction of investigation.</p><p> </p><p> </p><p>Of those employers prosecuted within the last five financial years, there were no incidences of previous underpayment of the National Minimum Wage. Employment Tribunals are the responsibility of HM Courts &amp; Tribunals Service.</p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 205524 205612 question first answered 18/08/2014 10:01:33 answering member 1529 label Biography information for Mr David Gauke
	tabling member	1536 label Biography information for Emily Thornberry

77534

	registered interest
	date	14/07/2014
	answering body	HM Treasury
	answering dept id	14
	answering dept short name	Treasury
	answering dept sort name	CaTreasury
	hansard heading	Minimum Wage
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask Mr Chancellor of the Exchequer, how many times HM Revenue and Customs (HMRC) has encountered employers suspected of underpaying the minimum wage who (a) falsified documents, (b) obstructed the investigation and (c) had previously been found on previous occasions by HMRC or by an employment tribunal, to have underpaid on a previous occasion in each of the last five financial years.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	205612
	answer	answer is ministerial correction date of answer 18/08/2014 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously. HMRC review every complaint that is referred to them by the Pay and Work Rights Helpline. In addition, by collating and analysing data received from various sources, HMRC ensure targeted enforcement through robust risk assessment processes to identify employers across the United Kingdom who are more likely to be not paying NMW.</p><p> </p><p>The majority of employers identified as paying below National Minimum Wage will pay arrears on receipt of a formal Notice of Underpayment. Where they don’t, we will pursue recovery through the civil courts.</p><p> </p><p>For deliberate non-compliance or obstructive behaviour, we investigate at a criminal level. This could include employers who abscond.</p><p> </p><p>The statistics requested on absconded employers are not available, and HMRC does not routinely collect statistics on falsification and obstruction of investigation.</p><p> </p><p> </p><p>Of those employers prosecuted within the last five financial years, there were no incidences of previous underpayment of the National Minimum Wage. Employment Tribunals are the responsibility of HM Courts &amp; Tribunals Service.</p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 205524 205525 question first answered 18/08/2014 10:01:33 answering member 1529 label Biography information for Mr David Gauke
	tabling member	1536 label Biography information for Emily Thornberry

62371

	registered interest
	date	17/06/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Rape
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many people were (a) prosecuted for, (b) convicted of, (c) cautioned for and (d) given a non-custodial sentence for rape in each year since 2008.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	201067
	answer	answer is ministerial correction date of answer 24/06/2014 answer text <p /> <p /> <p>Severe maximum penalties are available for serious offences. Where an offender is prosecuted and convicted sentencing in individual cases is a matter for the courts, taking account of all the circumstances of each case. This will include the age of the offender, the seriousness of the offence, including all aggravating and mitigating factors, and a guilty plea.</p><p><strong> </strong></p><p>Since 2010, crime has continued to fall but at the same time offenders are more likely to be sent to prison, and for longer. The average custodial sentence length is 15.5 months across all indictable offences, which is the highest in more than a decade, and the use of cautions is at its lowest level for 40 years. We are continuing to overhaul sentencing to ensure that the toughest sentencing measures are available to the courts. We have introduced an automatic life sentence for a second very serious sexual or violent offence and we propose to end automatic early release for all dangerous offenders. All serious offences should always be prosecuted at court. We are clamping down on the on the use of cautions for serious offences and repeat offenders, and reviewing the whole spectrum of out of court disposals so we have clarity and consistency and most importantly we have a system that victims and the public have confidence in.</p><p> </p><p>Data for 2009 to 2013 on cautions and court outcomes for rape and neglect and cruelty to children is available at the link below to the new ‘Outcomes by offence' table. The rape data can be found in the sexual offences section, and the neglect and cruelty to children data can be found in the ‘violence against the person' section.</p><p> </p><p><a title="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311319/8-outcomes-by-offence.xls" href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311319/8-outcomes-by-offence.xls" target="_blank">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311319/8-outcomes-by-offence.xls</a></p><p> </p><p> </p><p>For the period 2008 please use the following links and select Volume 5, where the classification of the offences remains the same:</p><p> </p><p><a title="http://webarchive.nationalarchives.gov.uk/20110322191207/http:/www.justice.gov.uk/publications/docs/criminal-statistics-2008-v5.zip" href="http://webarchive.nationalarchives.gov.uk/20110322191207/http:/www.justice.gov.uk/publications/docs/criminal-statistics-2008-v5.zip" target="_blank">http://webarchive.nationalarchives.gov.uk/20110322191207/http://www.justice.gov.uk/publications/docs/criminal-statistics-2008-v5.zip</a></p><p> </p><p>For 2008 cautions, please follow the below link. Select Volume 3 Part 7, which provides data on ‘Persons cautioned for indictable offences by Offence, sex and age in table S3.7a'. As above, the classifications remain the same</p><p> </p><p><a href="http://webarchive.nationalarchives.gov.uk/20110322191207/http:/www.justice.gov.uk/publications/docs/criminal-statistics-2008-v3.zip" target="_blank">http://webarchive.nationalarchives.gov.uk/20110322191207/http://www.justice.gov.uk/publications/docs/criminal-statistics-2008-v3.zip</a></p> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright grouped question UIN 201070 question first answered 24/06/2014 16:36:24 answering member 1560 label Biography information for Sir Jeremy Wright
	tabling member	1536 label Biography information for Emily Thornberry

62373

	registered interest
	date	17/06/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Children: Abuse
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many people were (a) prosecuted for, (b) convicted of, (c) cautioned for and (d) given a non-custodial sentence for child cruelty and neglect in each year since 2008.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	201070
	answer	answer is ministerial correction date of answer 24/06/2014 answer text <p /> <p /> <p>Severe maximum penalties are available for serious offences. Where an offender is prosecuted and convicted sentencing in individual cases is a matter for the courts, taking account of all the circumstances of each case. This will include the age of the offender, the seriousness of the offence, including all aggravating and mitigating factors, and a guilty plea.</p><p><strong> </strong></p><p>Since 2010, crime has continued to fall but at the same time offenders are more likely to be sent to prison, and for longer. The average custodial sentence length is 15.5 months across all indictable offences, which is the highest in more than a decade, and the use of cautions is at its lowest level for 40 years. We are continuing to overhaul sentencing to ensure that the toughest sentencing measures are available to the courts. We have introduced an automatic life sentence for a second very serious sexual or violent offence and we propose to end automatic early release for all dangerous offenders. All serious offences should always be prosecuted at court. We are clamping down on the on the use of cautions for serious offences and repeat offenders, and reviewing the whole spectrum of out of court disposals so we have clarity and consistency and most importantly we have a system that victims and the public have confidence in.</p><p> </p><p>Data for 2009 to 2013 on cautions and court outcomes for rape and neglect and cruelty to children is available at the link below to the new ‘Outcomes by offence' table. The rape data can be found in the sexual offences section, and the neglect and cruelty to children data can be found in the ‘violence against the person' section.</p><p> </p><p><a title="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311319/8-outcomes-by-offence.xls" href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311319/8-outcomes-by-offence.xls" target="_blank">https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311319/8-outcomes-by-offence.xls</a></p><p> </p><p> </p><p>For the period 2008 please use the following links and select Volume 5, where the classification of the offences remains the same:</p><p> </p><p><a title="http://webarchive.nationalarchives.gov.uk/20110322191207/http:/www.justice.gov.uk/publications/docs/criminal-statistics-2008-v5.zip" href="http://webarchive.nationalarchives.gov.uk/20110322191207/http:/www.justice.gov.uk/publications/docs/criminal-statistics-2008-v5.zip" target="_blank">http://webarchive.nationalarchives.gov.uk/20110322191207/http://www.justice.gov.uk/publications/docs/criminal-statistics-2008-v5.zip</a></p><p> </p><p>For 2008 cautions, please follow the below link. Select Volume 3 Part 7, which provides data on ‘Persons cautioned for indictable offences by Offence, sex and age in table S3.7a'. As above, the classifications remain the same</p><p> </p><p><a href="http://webarchive.nationalarchives.gov.uk/20110322191207/http:/www.justice.gov.uk/publications/docs/criminal-statistics-2008-v3.zip" target="_blank">http://webarchive.nationalarchives.gov.uk/20110322191207/http://www.justice.gov.uk/publications/docs/criminal-statistics-2008-v3.zip</a></p> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright grouped question UIN 201067 question first answered 24/06/2014 16:36:25 answering member 1560 label Biography information for Sir Jeremy Wright
	tabling member	1536 label Biography information for Emily Thornberry