Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what assessment they have made of the impact of the cuts in the budget of the Ministry of Justice on the ability of first-tier tribunals to hear and determine immigration and asylum appeals.
Answered by Lord Faulks
The Government is confident that there is sufficient funding to enable the First-tier Tribunal (Immigration & Asylym Chamber) to hear and determine the number of immigration and asylum appeals to be received during 2015-2016.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what guidance they give to first-tier tribunals about what is a reasonable time to hear and determine asylum and immigration appeals.
Answered by Lord Faulks
Guidance is not given to the First-tier Tribunals about what is a reasonable time to hear and determine asylum and immigration appeals. The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 provide an overriding objective for the Tribunal to deal with cases fairly and justly including avoiding delay, so far as is compatible with proper consideration of the issues.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the answer by Viscount Younger of Leckie on 14 October (HL Deb, col 230), whether it is for the Secretary of State and the courts, or the Northern Ireland Executive, to decide whether the law of defamation in Northern Ireland is compatible with the European Convention on Human Rights.
Answered by Lord Faulks
Under the Human Rights Act 1998 (section 6), all public authorities are under a duty to act in compliance with the Convention rights set out in that Act. As the law on defamation in Northern Ireland is a devolved matter, it is for the Northern Ireland Executive, in considering its policy on the subject, to reach a view on whether the policy under consideration is compatible with the Convention rights.
The courts are equally under an obligation to act in compliance with Convention rights. Ultimately, if the compatibility of a policy or legislation is raised before the courts, then the courts will decide the question. In the case of a devolved matter, it would be for the Northern Ireland Executive in the first instance to consider how to respond to any judgment.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether, in the light of their consultation on costs protection in defamation and privacy claims, they plan to introduce a new costs protection regime to help people and organisations of modest means to bring and defend defamation and privacy claims; and if so, when they plan to.
Answered by Lord Faulks
The Coalition Government consulted on introducing a costs protection regime for defamation cases in 2013. This Government is considering the way forward.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether the proposed review into employment tribunal fees will evaluate the impact of the scheme on strong and meritorious claims.
Answered by Lord Faulks
This review will be carried out internally by the Government. There are no plans either to appoint an independent expert or to review the terms of reference. The review will consider all relevant factors and we intend to announce the outcome later in the year.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government how the proposed review into employment tribunal fees will evaluate the impact of the scheme on weak and unmeritorious claims.
Answered by Lord Faulks
This review will be carried out internally by the Government. There are no plans either to appoint an independent expert or to review the terms of reference. The review will consider all relevant factors and we intend to announce the outcome later in the year.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether they plan to review the terms of reference of the proposed review into employment tribunal fees with regard to avoiding any appearance of bias.
Answered by Lord Faulks
This review will be carried out internally by the Government. There are no plans either to appoint an independent expert or to review the terms of reference. The review will consider all relevant factors and we intend to announce the outcome later in the year.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether they plan to appoint an independent expert person or body to evaluate the impact of employment tribunal fees on access to justice for people of limited means.
Answered by Lord Faulks
This review will be carried out internally by the Government. There are no plans either to appoint an independent expert or to review the terms of reference. The review will consider all relevant factors and we intend to announce the outcome later in the year.
Asked by: Lord Lester of Herne Hill (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the answer by the Lord Chancellor and Secretary of State for Justice on 23 June (HC Deb, col 749), what is the basis for the statement that parties that support reform of the Human Rights Act secured more than 50 per cent of the votes at the last general election.
Answered by Lord Faulks
The Conservative Party, the United Kingdom Independence Party and the Democratic Unionist Party all publicly support reform or repeal of the Human Rights Act and together received more than half of the votes cast at the last election.