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1460484

registered interest
date	26/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	International Covenant on Economic, Social and Cultural Rights
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord Wolfson of Tredegar on 21 February (HL5934), when they plan to (1) submit, and (2) publish, the UK’s 7th Periodic Report under the International Covenant on Economic, Social and Cultural Rights.
tabling member printed	Baroness Lister of Burtersett
uin	HL7968
answer	answer is ministerial correction date of answer 28/04/2022 answer text <p>It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.</p> answering member printed Baroness Scott of Bybrook question first answered 28/04/2022 09:35:54 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	4234 label Biography information for Baroness Lister of Burtersett

1459751

registered interest
date	22/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Marriage: Ceremonies
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of the Nuffield Foundation report, When is a wedding not a marriage? Exploring non-legally binding ceremonies, published on 8 March; and, in particular, of the conclusion that wedding law reform is achievable and long overdue.
tabling member printed	Baroness Cox
uin	HL7850
answer	answer is ministerial correction date of answer 27/04/2022 answer text <p>The Government notes the conclusion of the Nuffield Foundation’s report. The Government remains committed to assessing the case for more comprehensive and enduring reform to marriage law once the Law Commission has completed its fundamental review of the law in this area. The final report will take into account the findings of the Nuffield Foundation and is due in July. The report will support the Government in understanding what types of ceremonies are taking place, why they are taking place and what the demand for them is, and who conducts them, in order to consider the implications of changing the law on marriage on all groups.</p> answering member printed Baroness Scott of Bybrook question first answered 27/04/2022 16:20:13 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	3364 label Biography information for Baroness Cox

1457035

registered interest
date	07/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Offenders: Transgender People
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what steps they will take in response to the guidance by the Equality and Human Rights Commission on single sex spaces in relation to the prison and probation services, published on 4 April as part of the review of The Care and Management of Individuals who are Transgender policy.
tabling member printed	Lord Hunt of Kings Heath
uin	HL7813
answer	answer is ministerial correction date of answer 25/04/2022 answer text <p>The Ministry of Justice and Her Majesty’s Prison and Probation Service take the allocation of transgender prisoners very seriously. Prisoners are allocated to prisons initially according to their legal gender, which for the vast majority will be their sex recorded at birth. Decisions to locate differently, at any point during a sentence, are made on a case-by-case basis by a Complex Case Board - an expert multi-disciplinary panel chaired by a senior operational manager in HMPPS with specialist training.</p><p> </p><p>According to our latest data collection, over 90% of transgender prisoners are held in a prison matching their legal gender.</p><p> </p><p>The Equality and Human Rights Commission's new guidance will not affect our approach, which was recently judged by the High Court to be reasonable and proportionate, and therefore lawful.</p> answering member printed Baroness Scott of Bybrook question first answered 25/04/2022 14:13:00 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1456886

registered interest
date	05/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Parole System Root and Branch Review
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government (1) what qualifications will be required, and (2) what the recruitment process will be, for independent panel members sitting alongside the Secretary of State in “top tier” parole cases, following their proposal in the Root and Branch Review of the Parole System, published on 30 March.
tabling member printed	Lord Garnier
uin	HL7684
answer	answer is ministerial correction date of answer 21/04/2022 answer text <p>The concept of top-tier parole cases being determined by independent panel members sitting alongside the Secretary of State is one of two options described in the Root and Branch Review for the future management of such cases. The alternative option is that following a Parole Board decision to release a top-tier case, the Secretary of State would have the power to review and refuse the decision on the basis that he does not agree with the Parole Board that the statutory release test is met – and that would be subject to an appeal to the Upper Tribunal.</p><p> </p><p>We are not yet in a position to announce which of the two options the government will seek to include in the legislation that will be required to implement the parole reforms proposed in the Review. Further detail on how the preferred option will operate will be developed ahead of the introduction of the legislation and announced in due course.</p> answering member printed Baroness Scott of Bybrook question first answered 21/04/2022 14:34:07 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	337 label Biography information for Lord Garnier

1456887

registered interest
date	05/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many prisoners were refused (1) release, and (2) transfer to open conditions, due to being unable to complete programmes or other work identified by (a) Her Majesty's Prison and Probation Service, or (b) the Parole Board, as necessary to assess or reduce risk, in each of the past five years.
tabling member printed	Lord Garnier
uin	HL7685
answer	answer is ministerial correction date of answer 21/04/2022 answer text <p>The independent Parole Board take a holistic approach when assessing a prisoner’s risk for the purposes of considering whether to direct the prisoner’s release or recommend the prisoner’s transfer to open conditions. Where a prisoner has not completed a programme or other work specified in their sentence plan by the time of their next parole review, that does not constitute an insurmountable barrier to release or progression.</p> answering member printed Baroness Scott of Bybrook question first answered 21/04/2022 14:36:14 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	337 label Biography information for Lord Garnier

1456888

registered interest
date	05/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Parole
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how membership of the Parole Oversight Group will be determined; and what plans they have to publish papers and minutes of the group’s activities and decision making.
tabling member printed	Lord Garnier
uin	HL7686
answer	answer is ministerial correction date of answer 21/04/2022 answer text <p>The Parole Oversight Group will bring together senior representatives of all parts of the parole system to ensure that it functions effectively and to identify any potential further improvements. Terms of Reference for the group, including how it will be constituted, will be drafted and agreed as part of wider plans to implement the findings of the Root and Branch Review. When doing so, we will consider the appropriateness of the Group’s activities and decision-making being made publicly available.</p> answering member printed Baroness Scott of Bybrook question first answered 21/04/2022 14:42:17 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	337 label Biography information for Lord Garnier

1456889

registered interest
date	05/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Parole System Root and Branch Review
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many prisoners submitted evidence to inform "Chapter Five - prisoners' experience of the parole system" in their Root and Branch Review of the Parole System, published on 30 March.
tabling member printed	Lord Garnier
uin	HL7687
answer	answer is ministerial correction date of answer 21/04/2022 answer text <p>No individual prisoners submitted evidence to the Root and Branch Review of the Parole System. The Review was concerned with the operation of the parole system as a whole and sought evidence and views from representatives who have broad first-hand knowledge and expertise in prisoners’ experience of the parole process. This included HMPPS practitioners, prominent charities and legal representatives who work directly with prisoners going through the process. That evidence was used to identify the main issues for prisoners and how the system could be improved.</p> answering member printed Baroness Scott of Bybrook question first answered 21/04/2022 14:48:59 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	337 label Biography information for Lord Garnier

1456890

registered interest
date	05/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Parole System Root and Branch Review
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they conducted (1) an equality impact assessment, and (2) a safety impact assessment, for the proposed measures contained in the Root and Branch Review of the Parole System, published on 30 March.
tabling member printed	Lord Garnier
uin	HL7688
answer	answer is ministerial correction date of answer 21/04/2022 answer text <p>The Government did not produce a formal Equalities Statement or an Impact Assessment prior to publishing the Root and Branch Review but a detailed assessment of the equalities and other potential impacts of the proposals will be carried out as we develop the legislation that will be needed to implement the measures. An Equalities Statement and a full Impact Assessment will be prepared for publication when the legislation is introduced.</p><p> </p><p>We consider that the proposed measures in the Root and Branch Review will not have significant equalities or safety impacts. The majority of prisoners going through the parole process will not be affected by the main proposals which are targeted at the top tier of the most serious cases. We consider those measures to be proportionate and justified by the need to enhance public protection when it comes to those who have committed the most serious offences and present the highest risk.</p> answering member printed Baroness Scott of Bybrook question first answered 21/04/2022 14:51:31 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	337 label Biography information for Lord Garnier

1456891

registered interest
date	05/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Parole System Root and Branch Review
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether the proposals in the Root and Branch Review of the Parole System, published on 30 March, are compatible with (1) the requirements of the Human Rights Act 1998, and (2) the UK's obligations under the European Convention of Human Rights; whether they have produced an assessment of the compatibility of that review with the provisions of the Human Rights Act 1998; and if so, what plans they have to publish a copy of that assessment.
tabling member printed	Lord Garnier
uin	HL7689
answer	answer is ministerial correction date of answer 21/04/2022 answer text <p>The government considers that the proposals set out in the Root and Branch Review are compatible with the Human Rights Act and the UK’s obligations under the European Convention of Human Rights. The Government does not consider that it is required to produce an assessment of compatibility of its proposals in the review, as the Government's position is not to disclose the legal advice it receives. When the provisions of any Bill are brought forward to implement the proposals, the Government will comply with its obligations under section 19 of the Human Rights Act 1998.</p> answering member printed Baroness Scott of Bybrook question first answered 21/04/2022 14:55:26 answering member 4553 label Biography information for Baroness Scott of Bybrook
tabling member	337 label Biography information for Lord Garnier

1456823

registered interest
date	04/04/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Parole System Root and Branch Review
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what evidence they have used to conclude that there is increased public concern about the operation of the parole system in their Root and Branch Review of the Parole System, published on 30 March; and what wording they intend should replace the current release test, following their proposal in that review.
tabling member printed	Lord Garnier
uin	HL7624
answer	answer is ministerial correction date of answer 21/04/2022 answer text <p>Public concern surrounding the operation of the Parole system has been evidenced by reactions to a number of decisions by the Parole Board in recent years – including the decision in 2021 to release Colin Pitchfork and his subsequent recall to prison shortly afterwards – and these decisions have damaged confidence in the Parole system. The government considers that, where very serious and high-risk offenders are being assessed for release, it is necessary to introduce further scrutiny and safeguards in the decision-making process to make sure that such prisoners are not released if they continue to present a threat to the public.</p><p> </p><p>With regard to the statutory release test, our intention is not to replace the current test, but instead to clarify what is meant by “necessary for the protection of the public”, with a greater emphasis on being satisfied that the public would not be put at risk. In addition, a list of criteria the Board is required to take into account will be included in the release test; that proposed list was set out in the Root and Branch Review.</p><p> </p><p>The Root and Branch Review is attached.</p> answering member printed Baroness Scott of Bybrook question first answered 21/04/2022 13:05:52 answering member 4553 label Biography information for Baroness Scott of Bybrook attachment 1 file name root-branch-review-parole-system.pdf title Root_and_Branch_Review
tabling member	337 label Biography information for Lord Garnier