To ask Her Majesty's Government whether they will publish the assessment made of the
costs and benefits of including a clause in the Domestic Gas and Electricity (Tariff
Cap) Bill to allow organisations a right of appeal to the Competions and Markets Authority.
<p>The Bill requires Ofgem to consult on its proposal for setting the level of the
price cap, and to have regard to the need to ensure that an efficient supplier can
finance their licenced supply activities.</p><p> </p><p>A route of appeal against
Ofgem’s decision would be available via judicial review.</p><p> </p><p>The Government
is not in a position to assess or comment on the likely costs and benefits that might
be incurred by third parties in relation to hypothetical legal challenges.</p>
To ask Her Majesty’s Government, in the light of the UN General Assembly adopting
resolution 71/248 establishing an independent mechanism to assist in the investigation
and prosecution of those responsible for war crimes committed in Syria, what steps
they will take to ensure that its terms of reference are wide enough to cover crimes
committed by anti-government groups of all kinds.
<p>The terms of reference, which have been approved by the UN Secretary General, set
out that the International, Impartial and Independent Mechanism will assist in the
investigation and prosecution of persons without any distinction based on their affiliation
or official capacity. The Mechanism will look at those responsible for the most serious
crimes under international law committed in the Syrian Arab Republic since March 2011.</p>
To ask Her Majesty’s Government, further to the answer by Baroness Neville-Rolfe on
26 January (HL Deb, col 1152), which two cases remain outstanding in respect of preventing
Leveson part 2 from taking place.
<p>The Crown Prosecution Service is at present giving investigative advice to the
Metropolitan Police Service (MPS) in respect of two pre charge investigations, which
fall under Operation Tuleta and Operation Elveden.</p><p>In addition, the CPS has
also received <a href="http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjjlrLjhovLAhVBRBoKHRvgAHUQFggcMAA&url=http%3A%2F%2Fwww.cps.gov.uk%2Fvictims_witnesses%2Fvictims_right_to_review%2F&usg=AFQjCNHeGyqhHaYTDrDkhZu3pFimrhns8A&bvm=bv.114733917,d.d2s"
target="_blank">Victims' Right to Review </a>correspondence in relation to its recent
decision not to charge ten individual journalists who worked at Mirror Group Newspapers
for allegations of phone hacking at Mirror Group Newspapers, as part of Operation
Golding. This correspondence is currently being considered.</p>
To ask Her Majesty's Government whether there are aware of any plans to bring prosecutions
in respect of the deaths of (1) Azelle Rodney, (2) Jimmy Mubenga, (3) Christopher
Alder, (4) Sean Rigg, (5) Habib Ullah, (6) Ricky Bishop, and (7) Anthony Grainger;
and what assessment they have made of the ability of the Crown Prosecution Service
to pursue prosecutions in cases involving deaths in custody or during police operations.
<p>The Crown Prosecution Service (CPS) has robust processes for dealing with cases
involving deaths in custody or in contact with police which follow the requirements
of the then Attorney General's "Review of the Role and Practices of the CPS in
Cases Arising from a Death in Custody 2003".</p><p>All death in custody cases
are dealt with by the CPS Special Crime and Counter Terrorism Division to ensure consistency
of approach and that they are dealt with by lawyers with the necessary skills and
experience. Only very experienced senior lawyers, who are specifically designated,
are permitted to review death in custody cases. The reviews carried out by the senior
lawyer in cases involving deaths in custody are examined by their line manager and
then by the Head of Special Crime & Counter Terrorism Division (or her Deputy).
They are then submitted to the Director of Public Prosecutions (DPP) for final approval.
In any case where the decision is not to proceed, unless the DPP is satisfied that
it is "plain beyond doubt" that there is no case to answer, experienced
external counsel will be instructed to advise.</p><p>The status of the specified cases
is as follows:</p><p>(1) Azelle Rodney: Following the publication of the report of
Sir Christopher Holland in relation to his inquiry Mr Rodney's death, the IPCC wrote
to the Director of Public Prosecutions to ask that the CPS review the case. This review
is underway and the CPS is working with the IPCC in order to determine whether any
further investigation is required. Once the CPS is satisfied that it has received
a full file, it will consider whether charges should be brought.</p><p>(2) Jimmy Mubenga:
prosecutions were announced on 20 March 2014.</p><p>(3) Christopher Alder: prosecutions
took place in 2002 – all defendants were acquitted.</p><p>(4) Sean Rigg: The CPS has
provided investigative advice to the IPCCin relation to allegations of perjury. A
charging decision has not been requested.</p><p>(5) Habib Ullah: The CPS has received
a full file and is considering whether charges should be brought.</p><p>(6) Ricky
Bishop: Mr Bishop died in 2001. The case has not been referred to the CPS within the
last 3 years.</p><p>(7) Anthony Grainger: a prosecution was announced on 16 January
2014.</p><p> </p>
