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79121

registered interest
date	21/07/2014
answering body	Women and Equalities
answering dept id	31
answering dept short name	Women and Equalities
answering dept sort name	Women and Equalities
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Ministers for Women and Equalities, what discussions she has had with (a) the Secretary of State for Justice and (b) other interlocutors about the Law Society's inclusion of Sharia succession rules in its guidance and its compatibility with existing equalities legislation; and if she will make a statement.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	206704
answer	answer is ministerial correction date of answer 01/09/2014 answer text <p>My Rt Hon Friend and I have not had any such discussions.</p><p> </p><p>This Government is committed to the protection and promotion of women’s rights. Sharia law has no jurisdiction in England and Wales and the Government has no intention of changing this position. Everyone, male or female, is equal before the law in this country.</p><p> </p><p>The practice note issued by The Law Society on 13 March gives guidance to solicitors preparing wills under the law of England and Wales. It is a fundamental principle of this law that testators are, by making a valid will, able to leave their property to whomsoever they wish, subject only to the Inheritance (Provision for Family and Dependants) Act 1975. The practice note does not and cannot change the law. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued</p> answering member constituency East Dunbartonshire answering member printed Jo Swinson question first answered 01/09/2014 18:52:29 answering member 1513 label Biography information for Jo Swinson
tabling member	1493 label Biography information for Sir Charles Walker

77830

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether the Solicitors Regulation Authority is continuing to endorse the Law Society practice note on Sharia succession rules; and whether such an endorsement is compatible with the SRA's obligations under the Equality Act 2010; and if he will make a statement.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205890
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Solicitors Regulation Authority (SRA) is the independent regulatory arm of the Law Society, the approved regulator for solicitors under the Legal Services Act 2007. The SRA has advised that its recent guidance issued on the drafting and preparation of wills relates to conduct issues concerning the drafting and preparation of wills, rather than their content. At the end of that guidance, reference was made and links attached to other sources of information, amongst which was a link to the practice note issued by the Law Society. The SRA advise that such references are regularly attached to their guidance and are not an endorsement of their content. The SRA advise that the reference to the Law Society practice note has now been removed from the appendix to its guidance note.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara question first answered 22/07/2014 16:51:32 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker

78076

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what guidance judges will receive on settling inheritance disputes which were initially settled under the Sharia succession rules guidance issued by the Law Society.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205889
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.</p><p> </p><p>The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.</p><p> </p><p>The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara grouped question UIN 205887 205888 question first answered 22/07/2014 16:51:04 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker

78078

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what discussions he has had with the Law Society on its inclusion of Sharia succession rules in its guidance; and if he will make a statement.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205887
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.</p><p> </p><p>The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.</p><p> </p><p>The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara grouped question UIN 205888 205889 question first answered 22/07/2014 16:51:04 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker

78111

registered interest
date	15/07/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Legal Systems: Islam
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment she has made of the Law Society's inclusion of Sharia succession rules in its guidance and its compatibility with existing equalities legislation.
tabling member constituency	Broxbourne
tabling member printed	Mr Charles Walker
uin	205888
answer	answer is ministerial correction date of answer 22/07/2014 answer text <p>Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.</p><p> </p><p>The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.</p><p> </p><p>The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.</p><p> </p><p>The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.</p><p> </p> answering member constituency North West Cambridgeshire answering member printed Mr Shailesh Vara grouped question UIN 205887 205889 question first answered 22/07/2014 16:51:04 answering member 1496 label Biography information for Shailesh Vara
tabling member	1493 label Biography information for Sir Charles Walker