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44583

	registered interest
	date	24/03/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they will instruct the Crown Prosecution Service to bring prosecutions relating to all cases of female genital mutilation reported in London since 2009.
	tabling member printed	Lord Blencathra
	uin	HL6240
	answer	answer is ministerial correction date of answer 02/04/2014 answer text <p>The Crown Prosecution Service (CPS) is committed to tackling cases of female genital mutilation (FGM), however it can only prosecute cases referred to it by the police which meet both of the tests outlined in the Code for Crown Prosecutors.</p><p>The Code sets out a two stage test which must be applied when deciding whether a case should be prosecuted. The first stage is the evidential test which requires prosecutors to be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. If the evidential stage of the test is met prosecutors must then go on to identify the relevant public interest factors tending for and against the prosecution in order to form an overall assessment of whether a prosecution is in the public interest.</p><p> </p> answering member printed Lord Wallace of Tankerness question first answered 02/04/2014 12:00:00 answering member 630 label Biography information for Lord Wallace of Tankerness
	tabling member	497 label Biography information for Lord Blencathra

44578

	registered interest
	date	24/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how much has been paid in legal aid fees over the last five years to law firms Public Interest Lawyers and Leigh Day to conduct cases alleging abuse by British soldiers.
	tabling member printed	Lord Blencathra
	uin	HL6235
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>The Legal Aid Agency (LAA) cannot separately identify legal aid cases for those Iraqis alleging abuse by British Soldiers without disproportionate costs. Legal aid cases are not systematically recorded against nationality or cause of action.</p><p> </p><p>Leigh Day have not acted under legal aid in these types of cases. Public Interest Lawyers have acted for Iraqi clients under legal aid in cases seeking investigations into deaths and mistreatment.</p><p> </p><p> </p><p>The net payments to Public Interest Lawyers over the past five years were:</p><p> </p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Amount</strong></p></td></tr><tr><td><p>2008/09</p></td><td><p>£628,527.75</p></td></tr><tr><td><p>2009/10</p></td><td><p>£267,433.88</p></td></tr><tr><td><p>2010/11</p></td><td><p>£439,268.02</p></td></tr><tr><td><p>2011/12</p></td><td><p>£331,238.85</p></td></tr><tr><td><p>2012/13</p></td><td><p>£54,387.48</p><p> </p></td></tr></tbody></table><p>These payments cover all work undertaken by the firm under legal aid. The payments made will be offset by recoupment on successful cases where the opponent has paid the costs.</p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	497 label Biography information for Lord Blencathra

44579

	registered interest
	date	24/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they plan to take steps to recover legal aid payments to the firm Public Interest Lawyers following their statement on 20 March that there was no evidence that British soldiers had murdered 20 Iraqis.
	tabling member printed	Lord Blencathra
	uin	HL6236
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>Legal aid is not funding the Al-Sweady Inquiry. There are therefore no plans to recover payments made from legal aid to Public Interest Lawyers following their statement on 20 March.</p><p> </p><p>On 20 March, at the Al-Sweady Inquiry into the most serious allegations against British soldiers in the Iraq War, lawyers representing Iraqi families withdrew their claim that the troops had killed unarmed civilians they had captured and brought back to an army base.</p><p> </p><p>The inquiry continues and the statement on 20 March does not mean that the inquiry has been abandoned.</p><p> </p><p>Legal aid was provided for an action prior to the Inquiry. Legal aid was provided to Iraqi applicants to seek an independent and effective investigation into deaths and torture or inhumane and degrading treatment in relation to the incident at checkpoint Danny Boy in Iraq in May 2004. As a result of these proceedings, the Secretary of State for Defence decided to hold the Al-Sweady Inquiry. This action was therefore successful in its aim.</p><p> </p><p>The Inquiry is not yet complete and the Chairman's report is not due to be published until later in the year. Public Interest Lawyers's statement refers to part only of the allegations made and the Ministry of Justice awaits the Inquiry Report before commenting further.</p><p> </p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	497 label Biography information for Lord Blencathra

44580

	registered interest
	date	24/03/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they plan to investigate United Kingdom law firms pursuing claims of unfounded abuse by British soldiers.
	tabling member printed	Lord Blencathra
	uin	HL6237
	answer	answer is ministerial correction date of answer 08/04/2014 answer text <p>There are no plans to investigate the firms as they are not funded under the legal aid regulations or their contract with the Lord Chancellor in the Al-Sweady inquiry. It would not be reasonable to investigate the firms under their contract in relation to a matter arising outside their contract.</p> answering member printed Lord Faulks question first answered 08/04/2014 12:00:00 answering member 4183 label Biography information for Lord Faulks
	tabling member	497 label Biography information for Lord Blencathra