Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what plans they have, if any, to allow female prisoners to be searched by officers who have transitioned to female, or those who have indicated that they identify as female.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
The national policy on the searching of prisoners (PSI 07/2016 – Searching of the Person) is currently under review and a revised version is intended to be published later this year.
The updated policy will include direction on transgender staff conducting searches. This will consider the position of staff with or without a Gender Recognition Certificate (GRC).
In reviewing the policy, Her Majesty’s Prison and Probation Service (HMPPS) has consulted with the Government’s Legal Department and HMPPS Equalities Team. The new policy will be compliant with the Equality Act 2010, Gender Recognition Act 2004 and the European Convention of Human Rights.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many legal aid claims related to the COVID-19 pandemic have been submitted; what is the total amount claimed; and which law firms are making the claims.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
This information could only be obtained at disproportionate cost.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of whether judges are failing to report solicitors to the Solicitors Regulation Authority; and what steps they are taking in response to any such assessment.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Following the case of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. The disciplinary process, known as the Hamid jurisdiction, is part of the court and tribunal’s powers to govern its own procedure and to ensure that legal practitioners abide by their duties to the court or tribunal and otherwise conduct themselves according to the proper standards of behaviour. This jurisdiction is engaged when a case is advanced in a professionally improper manner and is not confined to circumstances when the underlying claim is totally without merit, nor restricted to immigration cases.
As the Hamid jurisdiction comes within the court and tribunal’s inherent powers, the MoJ does not keep records of referrals made to the Solicitors Regulation Authority. If the Hamid jurisdiction is activated, any court or tribunal orders made in relation to the referral may be published and placed in the public domain and any such publication will include the explanation provided by the legal representative. The judiciary is independent of Government, and the Government has made no such assessment of the use of the jurisdiction.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what discussions they have had with the Lord Chief Justice about immigration cases refused for review on the grounds of being without merit where presiding judges have failed to report solicitors to the Solicitors Regulation Authority.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Following the case of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. The disciplinary process, known as the Hamid jurisdiction, is part of the court and tribunal’s powers to govern its own procedure and to ensure that legal practitioners abide by their duties to the court or tribunal and otherwise conduct themselves according to the proper standards of behaviour. This jurisdiction is engaged when a case is advanced in a professionally improper manner and is not confined to circumstances when the underlying claim is totally without merit, nor restricted to immigration cases.
As the Hamid jurisdiction comes within the court and tribunal’s inherent powers, the MoJ does not keep records of referrals made to the Solicitors Regulation Authority. If the Hamid jurisdiction is activated, any court or tribunal orders made in relation to the referral may be published and placed in the public domain and any such publication will include the explanation provided by the legal representative. The judiciary is independent of Government, and the Government has made no such assessment of the use of the jurisdiction.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of reports that UK solicitors are travelling to Calais to offer support to refugees and migrants seeking to reach the UK.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Under the framework established by the Legal Services Act 2007 the legal services sector in England and Wales is independent of Government, and solicitors are regulated by the Solicitors Regulation Authority (SRA). The Government has not made any such assessment.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps, if any, they have taken to cease to fund through legal aid the work of the Malik & Malik who have been found to have filed false asylum claims; and whether they have reported that firm to the Solicitors Regulation Authority.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Malik & Malik were last issued with a civil legal aid contract in 2007 and did not receive public funding in connection with any of the cases being enquired about. There was accordingly no basis for the Legal Aid Agency to make any referral to the SRA in connection with those matters. As at the time of writing, the firm no longer hold a legal aid contract of any kind.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many solicitors they have reported to the Solicitors Disciplinary Tribunal for misconduct in immigration cases in the last five years.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Under the framework established by the Legal Services Act 2007 the legal services sector in England and Wales is independent of Government, and solicitors are regulated by the Solicitors Regulation Authority (SRA). The SRA investigates alleged misconduct and can prosecute serious cases before the independent Solicitors Disciplinary Tribunal. The Government has no role in reporting solicitors to the tribunal.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how much legal aid has been disbursed to those working on the immigration cases that have been refused on the grounds of being without merit in the last five years.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Malik & Malik were last issued with a civil legal aid contract in 2007 and did not receive public funding in connection with any of the cases being enquired about. There was accordingly no basis for the Legal Aid Agency to make any referral to the SRA in connection with those matters. As at the time of writing, the firm no longer hold a legal aid contract of any kind.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many of the immigration cases refused for review on the grounds of being without merit have been reported by presiding judges to the Solicitors Regulation Authority; and what proportion of the total number of such cases this represents.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
Following the case of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. The disciplinary process, known as the Hamid jurisdiction, is part of the court and tribunal’s powers to govern its own procedure and to ensure that legal practitioners abide by their duties to the court or tribunal and otherwise conduct themselves according to the proper standards of behaviour. This jurisdiction is engaged when a case is advanced in a professionally improper manner and is not confined to circumstances when the underlying claim is totally without merit, nor restricted to immigration cases.
As the Hamid jurisdiction comes within the court and tribunal’s inherent powers, the MoJ does not keep records of referrals made to the Solicitors Regulation Authority. If the Hamid jurisdiction is activated, any court or tribunal orders made in relation to the referral may be published and placed in the public domain and any such publication will include the explanation provided by the legal representative. The judiciary is independent of Government, and the Government has made no such assessment of the use of the jurisdiction.
Asked by: Lord Blencathra (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Written Answers by Baroness Scott of Bybrook on 27 October (HL9110 and HL9111), how many transgender prisoners who have obtained a gender recognition certificate there are in each women’s prison; how many of those were sentenced to that prison term because of an assault against a woman; and what risk assessment they have carried out of the potential impact of those prisoners being held in women’s prison units.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
We are committed to ensuring that transgender individuals are treated fairly, lawfully and decently, with their rights and safety properly respected. Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify.
Data is not held on the number of prisoners with Gender Recognition Certificates (GRCs) within the prison estate. There is no legal obligation for an individual with a GRC to disclose this as, under the Gender Recognition Act 2004, once an individual obtains a GRC, their acquired gender becomes legally recognised and they are entitled to the rights appropriate to anyone else of that gender.
Where it is known that an individual is transgender, a Local Case Board is held, as per our ‘Care and Management of Individuals who are Transgender’ policy framework, to consider what support should be provided and to consider any risks posed to, or from, the individual. Cases can then be referred to a centrally managed Complex Case Board (CCB), chaired by a senior prison manager, where the referral criteria are met. However, thorough and appropriate assessment of risk is of paramount importance for all those in our care, regardless of an individual’s gender or any protected characteristic they may or may not have.
Further information on the policy framework, the CCB referral criteria and the risk factors considered by CCBs can be found on the following link:- https://www.gov.uk/government/publications/the-care-and-management-of-individuals-who-are-transgender.