Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Home Office:
To ask His Majesty's Government what use, if any, has been made of the power in section 66 of the Immigration Act 2014 to deprive naturalised citizens of their British citizenship even when the consequence is to render them stateless; and what assessment they have made of the utility of that power.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
The power to deprive an individual of British citizenship under section 40(4A) of the British Nationality Act 1981 has not been used since its introduction in July 2014. Following the first statutory review of the power, which was published in April 2016, a further review will be undertaken within 12 months of the power first being used.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government what assessment they have made of Professor Philippa Webb’s report prepared for the European Parliamentary Research Service, Legal options for confiscation of Russian state assets to support the reconstruction of Ukraine, published in February 2024.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The UK, alongside the G7, has underscored that Russia must pay for the damage it has caused to Ukraine. The Government is fully committed to working alongside partners to pursue all lawful routes through which immobilised Russian sovereign assets can be used to support Ukraine. In their 24 February statement, G7 Leaders tasked relevant ministries to continue their work to that end and report back ahead of the G7 Summit in June. The Government will keep the House updated on significant developments as appropriate.
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 Home Office:
To ask His Majesty's Government what steps they have taken to deliver on their commitment in the UK–France Joint Leaders’ Declaration of 10 March to ease the travel of school groups to the UK by making changes to documentary requirements for schoolchildren on organised trips from France.
Answered by Lord Murray of Blidworth
At the summit in Paris on 10 March 2023 the UK committed to ease the travel of school groups to the UK by making changes to documentary requirements for schoolchildren on organised trips from France.
We are currently working through the details of implementation and more information, including timescales, will be provided in due course.
This agreement with France will help to strengthen and maintain educational and cultural links with our closest continental neighbour. We will keep the position under review and ensure that we continue to operate our border in the UK's best interests.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government when they will publish the Framework Document to be agreed between the Department for Environment, Food and Rural Affairs and the Office for Environmental Protection.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
Good progress continues to be made in agreeing the Framework Document between Defra and the OEP. We aim for it to be published in Spring 2023.
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 Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government when they plan to publish the Common Framework document that the Department for Environment, Food and Rural Affairs will agree with the Office for Environmental Protection.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
We are committed to working collaboratively with the Office for Environmental Protection (OEP) to finalise the Defra-OEP framework agreement. We are currently in the final stages of negotiations. The purpose of the Framework Document is to set out the broad governance framework within which the OEP and Defra operate. It will reflect the parties' core responsibilities and will describe the governance and accountability framework that applies between the parties, including how the day-to-day relationship works in practice. This will include detail on governance and financial matters, whilst also respecting the provisions in the Environment Act for OEP independence.
Asked by: Lord Anderson of Ipswich (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what progress they have made with the implementation of the duty of the Secretary of State for Environment, Food and Rural Affairs to have regard to the need to protect the independence of the Office for Environmental Protection as set out in Schedule 1 of the Environment Act 2022.
Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)
The Office for Environmental Protection (OEP) has been provided with safeguards to ensure its operational independence from the Government, including a specific duty on the Secretary of State to have regard to the need to protect the OEP’s independence.
The indicative five-year budget for the OEP has been protected by Defra within this spending review period. This ensures the OEP has sufficient funds to carry out its statutory functions and gives the OEP greater certainty of its finances with which to plan its future activities.
The OEP board has set out its strategy and continue to operate independently of Government.