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1682957
registered interest false more like this
date less than 2024-01-17more like thismore than 2024-01-17
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Solicitors: Insolvency more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 10135 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2024-01-22more like thismore than 2024-01-22
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 more like this
answering member printed Mike Freer more like this
question first answered
less than 2024-01-22T16:28:45.277Zmore like thismore than 2024-01-22T16:28:45.277Z
answering member
4004
label Biography information for Mike Freer more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1682959
registered interest false more like this
date less than 2024-01-17more like thismore than 2024-01-17
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Discretionary Trusts more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 10136 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2024-01-22more like thismore than 2024-01-22
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 more like this
answering member printed Mike Freer more like this
question first answered
less than 2024-01-22T16:29:54.863Zmore like thismore than 2024-01-22T16:29:54.863Z
answering member
4004
label Biography information for Mike Freer more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1677751
registered interest false more like this
date less than 2023-12-13more like thismore than 2023-12-13
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Prison Service: Smart Devices more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 6799 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2023-12-18more like thismore than 2023-12-18
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 more like this
answering member printed Edward Argar more like this
question first answered
less than 2023-12-18T14:48:10.467Zmore like thismore than 2023-12-18T14:48:10.467Z
answering member
4362
label Biography information for Edward Argar more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1567126
registered interest false more like this
date less than 2023-01-16more like thismore than 2023-01-16
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Bail: Sexual Offences more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 123945 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2023-01-19more like thismore than 2023-01-19
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 more like this
answering member printed Edward Argar more like this
grouped question UIN 123946 more like this
question first answered
less than 2023-01-19T13:42:50.97Zmore like thismore than 2023-01-19T13:42:50.97Z
answering member
4362
label Biography information for Edward Argar more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1567127
registered interest false more like this
date less than 2023-01-16more like thismore than 2023-01-16
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Bail: Sexual Offences more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 123946 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2023-01-19more like thismore than 2023-01-19
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 more like this
answering member printed Edward Argar more like this
grouped question UIN 123945 more like this
question first answered
less than 2023-01-19T13:42:51.03Zmore like thismore than 2023-01-19T13:42:51.03Z
answering member
4362
label Biography information for Edward Argar more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1506210
registered interest false more like this
date less than 2022-09-08more like thismore than 2022-09-08
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Wills: Digital Assets more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 49668 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2022-09-23more like thismore than 2022-09-23
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> more like this
answering member constituency Redditch more like this
answering member printed Rachel Maclean more like this
question first answered
less than 2022-09-23T08:26:03.113Zmore like thismore than 2022-09-23T08:26:03.113Z
answering member
4668
label Biography information for Rachel Maclean more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1486277
registered interest false more like this
date less than 2022-07-04more like thismore than 2022-07-04
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Employment Tribunals Service more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 30022 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2022-07-07more like thismore than 2022-07-07
answer text <p>HM Courts &amp; Tribunals Service does not centrally record the number of out of time applications that are accepted.</p> more like this
answering member constituency Corby more like this
answering member printed Tom Pursglove more like this
question first answered
less than 2022-07-07T15:34:44.59Zmore like thismore than 2022-07-07T15:34:44.59Z
answering member
4369
label Biography information for Tom Pursglove more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1433766
registered interest false more like this
date less than 2022-02-21more like thismore than 2022-02-21
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Domestic Abuse more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 126645 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2022-02-24more like thismore than 2022-02-24
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> more like this
answering member constituency Corby more like this
answering member printed Tom Pursglove more like this
question first answered
less than 2022-02-24T20:02:08.857Zmore like thismore than 2022-02-24T20:02:08.857Z
answering member
4369
label Biography information for Tom Pursglove more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1433769
registered interest false more like this
date less than 2022-02-21more like thismore than 2022-02-21
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Family Courts: Pilot Schemes more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 126646 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2022-03-01more like thismore than 2022-03-01
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 more like this
answering member printed James Cartlidge more like this
question first answered
less than 2022-03-01T16:54:39.103Zmore like thismore than 2022-03-01T16:54:39.103Z
answering member
4519
label Biography information for James Cartlidge more like this
tabling member
4243
label Biography information for Dan Jarvis more like this
1415886
registered interest false more like this
date less than 2022-01-24more like thismore than 2022-01-24
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice remove filter
hansard heading Children: Protection more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
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. more like this
tabling member constituency Barnsley Central remove filter
tabling member printed
Dan Jarvis remove filter
uin 110367 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2022-01-27more like thismore than 2022-01-27
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> more like this
answering member constituency Corby more like this
answering member printed Tom Pursglove more like this
grouped question UIN 110368 more like this
question first answered
less than 2022-01-27T17:24:40.997Zmore like thismore than 2022-01-27T17:24:40.997Z
answering member
4369
label Biography information for Tom Pursglove more like this
tabling member
4243
label Biography information for Dan Jarvis more like this