Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what consideration they have given to changing the law to provide further protection for the right of individuals to freedom of expression, in the light of the recent case involving Professor Tim Hunt.
Answered by Lord Faulks
The Government has no plans to change the law to provide further protection for the right of individuals to freedom of expression.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the answer by Lord Bates on 16 June (HL Deb, col 1072) concerning domestic violence, whether male victims of domestic violence will have access to legal aid.
Answered by Lord Faulks
Tackling domestic violence is a core priority for this Government. The Government have made a number of changes to the system to make it easier for victims of domestic violence to access legal aid, regardless of gender. The Government have made changes to existing evidence requirements, to make legal aid easier to acquire, and introduced new acceptable forms of evidence.
These changes include Domestic Violence Protection Orders and police bail or a binding over order for a domestic violence offence as acceptable forms of evidence. They have also expanded the definition of ‘health professional’ to include practitioner psychologists. Evidence that someone has been turned away from a refuge because of lack of accommodation will also be accepted.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether they will introduce measures to open the proceedings of the family courts and the Court of Protection to the press and public; and, if not, why not.
Answered by Lord Faulks
The Government supports steps to increase openness whilst remaining mindful of the rights to privacy of those involved in such personal proceedings.
Since May 2009, amendments to the rules of court governing the practice and procedure to be followed in family proceedings have allowed accredited members of the media access to the majority of court hearings.
In January 2014 the President of the Family Division issued guidance requiring more judgments of both the Family Court and Court of Protection to be published online.
In August 2014 the President of the Family Division issued a consultation seeking views on the impact of these earlier steps to increase transparency in the family court and on ways to further increase transparency including, the possibility of public access. The Court of Protection Rule Committee is also taking forward work which will examine the benefits and risks of making rule changes which allow greater access to the media and public.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, further to the Written Answer by Lord Faulks on 17 December 2014 (HL3232), how many new criminal offences were created from 1 January 2000 to 31 May 2014; and what plans they have to review those offences to ensure that they do not have a detrimental effect on freedom of speech, freedom of thought and individual conscience.
Answered by Lord Faulks
As set out in my answer on 17 December 2014 (HL3532) I would expect the development of all government policies including criminal offences to include appropriate consideration of the potential impact on areas such as freedom of speech. All new legislation requires a certificate of compliance with human rights or an explanation as to why it does not. The decision to review criminal offences after they are commenced is a decision for individual departments and, where appropriate, for collective Government agreement.
The annual statistical bulletin on New Criminal Offences Statistics in England and Wales collates and presents statistics on the number of criminal offences created by government departments. This covers the period 1 June 2009 up until 31 May 2014. 1073 offences have been created during this period. The latest edition of the bulletin was published on 11 December 2014. It can be found at: https://www.gov.uk/government/statistics/new-criminal-offences-statistics-in-england-and-wales-may-2014
Statistics are not available for the number of criminal offences created during the period 1 January 2000 to 31 May 2009.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government how many new criminal offences have been created between 2009 and 2013 inclusive; whether any have been rescinded; and whether there are periodic reviews to ensure that they are not having a detrimental effect on freedom of speech, of thought and of individual conscience.
Answered by Lord Faulks
The bulletin collates and presents statistics on the number of criminal offences created by government departments within each 12 month period. The bulletin does not capture information on all criminal offences made in legislation across the UK but only those offences that will be in force for England and Wales or England alone.
The table below summarises the information available. 712 criminal offences were created during the period 1 June 2009 to May 2010.
Period covered | Number of legislative provisions (secondary & primary) with new offences created within | Total criminal offences created |
1 June 2010 to 31 May 2011 | 33 | 174 |
1 June 2011 to 31 May 2012 | 52 | 292 |
1 June 2012 to 31 May 2013 | 60 | 327 |
1 June 2013 to 31 May 2014 | 42 | 280 |
For the period from June 2012 to May 2013 it was estimated that 15 pieces of legislation that contained criminal offences were repealed or revoked. These pieces of legislation contained 140 offences but this estimate does not indicate whether an offence has been remade in another piece of legislation or if it has been completely removed from the statute book. Data are not available on repealed or revoked legislation or offences for the period from June 2009 to May 2012.
The latest edition of the bulletin was published on 11 December. It can be found at: https://www.gov.uk/government/statistics/new-criminal-offences-statistics-in-england-and-wales-may-2014
I would expect the development of all government policies including criminal offences to include appropriate consideration of the potential impact on areas such as freedom of speech. All new legislation requires a certificate of compliance with human rights or an explanation as to why it does not.
The decision to review criminal offences after they are commenced is a decision for individual departments. Where appropriate for collective Government agreement.
Asked by: Lord Stoddart of Swindon (Independent Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether the Acts of Supremacy 1534 and 1558 remain extant.
Answered by Lord Faulks
Based on the recommendations of the Law Commission, the Statute Law (Repeals) Act 1969 repealed the Act of Supremacy 1558 except for section 8. Section 8 vested spiritual jurisdiction to the Crown.
The Supremacy Act 1534 has been wholly repealed.