Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what rules, guidance or conventions they consider to be applicable to the provision of professional legal services, including advocacy, legal representation and the giving of legal advice, by retired UK judges.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
There is a longstanding convention that prohibits former holders of salaried judicial office from returning to private legal practice. This is reflected in the terms and conditions of service which apply on appointment to judicial office, which state that candidates accept appointment on the understanding that it is “intended for the remainder of a person’s professional life” and that “following termination of their appointment they will not return to private practice as a barrister or a solicitor".
The Government has noted the report, “Work in Judicial Retirement”, which relates to judges in the High Court and above and the longstanding convention prohibiting salaried judges from returning to legal practice. The Government has also noted the evidence of Lord Burnett, the then Lord Chief Justice, to the Justice Select Committee in 2018, that the convention “is part and parcel of ensuring, and always has been, that the standing of our judiciary is very high indeed.”
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the policy report by Patrick O’Brien and Ben Yong, Work in Judicial Retirement, published in June.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
There is a longstanding convention that prohibits former holders of salaried judicial office from returning to private legal practice. This is reflected in the terms and conditions of service which apply on appointment to judicial office, which state that candidates accept appointment on the understanding that it is “intended for the remainder of a person’s professional life” and that “following termination of their appointment they will not return to private practice as a barrister or a solicitor".
The Government has noted the report, “Work in Judicial Retirement”, which relates to judges in the High Court and above and the longstanding convention prohibiting salaried judges from returning to legal practice. The Government has also noted the evidence of Lord Burnett, the then Lord Chief Justice, to the Justice Select Committee in 2018, that the convention “is part and parcel of ensuring, and always has been, that the standing of our judiciary is very high indeed.”
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government when they plan to publish their response to Sir Duncan Ouseley’s independent report on the operation of the closed material procedure under the Justice and Security Act 2013, which was carried out pursuant to section 13 of the Act and laid before Parliament in November 2022.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Government is carefully considering the recommendations made by Sir Duncan Ouseley in his Independent Report on the Operation of Closed Material Procedures under the Justice and Security Act 2013 and is working to establish how any recommendations that we take forward could be sustainably and effectively implemented. Subject to this detailed ongoing work, the Government aims to publish its response to Sir Duncan’s report by early 2024.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they have taken to prepare and lay before Parliament the annual reports, required by section 3A of the Law Commissions Act 1965, on the extent to which Law Commission recommendations were implemented for the reporting years (1) 2018–19, (2) 2019–20, (3) 2020–21, (4) 2021–22, and (5) 2022–23.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
A draft of the Government’s report on the implementation of Law Commission recommendations is currently being prepared and is expected to be laid before Parliament as soon as practicable this year. It will provide an update on the implementation status of all relevant Law Commission recommendations since the report was last published in 2018.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what progress they have made towards appointing a reviewer to conduct the five-year review into the operation of sections 6 to 11 of the Justice and Security Act 2013.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
A Reviewer has not yet been appointed. I can however advise that discussions are taking place on the appointment of a Reviewer and the establishment of the five-year Review. Both the appointment of the Reviewer and the Review itself will be brought forward as soon as possible.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government (1) how many convicted terrorists have been released from prisons in (a) Great Britain, and (b) Northern Ireland, since 2001; and (2) how many such convicted terrorists in each category have been convicted of further terrorist offences committed after their release.
Answered by Lord Keen of Elie
1a) Between January 2013 and December 2019, 196 individuals convicted of a terrorist offence (individuals who have been convicted under the Terrorism Act 2000 and 2006) have been released from prison in England and Wales. Prior to 2013, release data on Terrorism Act offenders was held at a local and regional level by relevant law enforcement partners, but not recorded centrally by the Ministry of Justice. Release data for Scotland is not held by the Ministry of Justice as prisons are a devolved matter.
1b) Release data for Northern Ireland is not held by the Ministry of Justice as prisons are a devolved matter.
2) Between January 2013 and December 2019, 6 individuals (3.06%) convicted of a terrorist offence (who have been convicted under the Terrorism Act 2000 and 2006) have been released from prison and have been convicted of a further terrorist offence (under the Terrorism Act 2000 and 2006) in England and Wales. Prior to 2013, release data on Terrorism Act offenders was held at a local and regional level by relevant law enforcement partners, but not recorded centrally by the Ministry of Justice. Recidivism rates for Scotland and Northern Ireland are not held by the Ministry of Justice as prisons are a devolved matter.
All those convicted of an offence under the Terrorism Act who have been released on probation are closely managed by the National Probation Service. HMPPS works closely with law enforcement partners to share information and manage the risks that these offenders present in custody and on probation to reduce the risk of reoffending, and to support them to reintegrate into the community.