Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department is taking steps to prevent the practice of intermediaries selling mismanaged Family Protection Trusts to clients.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The legal profession in England and Wales operates independently of government. The responsibility for regulating the sector sits with the approved regulators, overseen by the Legal Services Board (LSB). Lawyers involved in setting up trusts are subject to regulation by independent regulators.
The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors, as well as most law firms in England and Wales. The SRA’s role involves protecting clients and the public, which means they have powers to prevent solicitors in breach of their standards and regulations from practising.
Complaints about solicitors’ poor behaviour and conduct can be made via their website at https://www.sra.org.uk/consumers/problems/report-solicitor/. If found in breach of said standards and regulations, the SRA has the power to impose a disciplinary sanction against a firm or individual. Further information on the type of sanctions that can be imposed can be found here: SRA | Sanctions | Solicitors Regulation Authority
According to the Legal Services Act (LSA) 2007, setting up a trust is not a reserved legal activity. HM Treasury may be better placed to respond to any questions about financial intermediaries and their role in setting up trusts.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, if her Department will take steps to help support people with dementia to complete the NHS continuing healthcare application.
Answered by Helen Whately - Minister of State (Department of Health and Social Care)
People who may be eligible for NHS Continuing Healthcare (CHC) should be referred for a screening and assessment process as appropriate by a health or social care professional. The process is undertaken by the integrated care board and should follow a person-centred approach, placing the individual at the centre of the assessment and care-planning process. Someone with specialist knowledge of their condition should also be involved in the assessment process. Eligibility for CHC is not determined by age, diagnosis or condition, or financial means.
Individuals who are being considered for CHC should be provided with a copy of the public information leaflet along with relevant contact details and information about local processes. NHS England has also commissioned Beacon to provide independent and high-quality support for individuals and their families. A copy of the leaflet is available at the following link:
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what recent assessment his Department has made of the effectiveness of the Work at Height Regulations 2005.
Answered by Paul Maynard - Parliamentary Under-Secretary (Department for Work and Pensions)
The Work at Height Regulations 2005 set out the approach necessary to ensure the safety of people working at height. They place clear responsibilities on employers and those in control of any work at height to prevent falls by making sure work is properly planned, supervised, and undertaken by competent people. This includes using the right type of equipment including, where suitable, ladders.
In 2022/23, 40 fatal injuries were due to falls from a height accounting for 30% of all worker deaths1 over the year. The level of fatality and major injury arising from falls is still high so there is an ongoing need for the regulations to focus attention on the issue.
Following the announcement of the Retained EU Law (Revocation and Reform) Bill, Heath and Safety engagement with industry groups and trade organisations demonstrated extensive support to retain the Work at Height Regulations. The Regulations are well embedded in the health and safety framework and recognised as a key instrument in ensuring effective workplace health and safety standards.
1Work-related fatal injuries in Great Britain, 2023 (hse.gov.uk)
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, what recent assessment he has made of the implications for his policies of trends in the level of (a) recruitment and (b) retention in the armed forces.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The current level of Armed Forces recruitment and retention is lower than we would wish, a challenge we face in common with our allies. Nevertheless, the Armed Forces continue to meet all their operational commitments.
To address recruitment, a range of tangible short-term deliverables are being actioned to increasing the inflow into Armed Forces recruitment pipelines, all intended to increase the breadth of potential candidates and to drive efficiencies into recruitment systems. These ongoing and new initiatives are focused upon engaging the broad range of skills, experience and diversity needed to deliver that which our nation demands of our Armed Forces; and in the range of roles that are critical to enable this.
On retention, in June 2023 we committed to implementing the recommendations of the Haythornthwaite Review, a generational independent review of how we retain our current people and attract new ones. Its recommendations relate to policies and processes across a complex system of incentivisation and support. A formal Government Response, which will provide more detail on our approach to tackling each recommendation, will be published in early 2024. This will confirm which recommendations have been - or are in the process of being – delivered.
Other initiatives aimed at improving the recruitment and retention of our people include; Flexible Service, which introduces the potential for people to alter their career commitment for set periods of time, allowing more people to remain in the Armed Forces who may otherwise have decided to leave in order to meet competing demands and responsibilities; Wraparound Childcare, which Defence established in recognition of the importance of a robust childcare support system to enable the mobility, recruitment and retention of a Armed Forces personnel; acceptance of the Armed Forces’ Pay Review Body’s and Senior Salaries Review Body’s recommendations in full, ensuring that the overall remuneration package for Service personnel (which includes a good pension, subsidised accommodation, and a range of allowances on top of basic salary) remains competitive.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 15 November 2023 to Question 171 on Home Office: Consultants, whether his Department plans to publish the outcome of the recruitment process for the role of the Independent Advisor for the Defending Democracy Taskforce and Open-Source Intelligence Hub.
Answered by Tom Tugendhat - Minister of State (Home Office) (Security)
In line with similar appointments, the Home Office will publish the outcome of the recruitment process for the role of the Independent Advisor for the Defending Democracy Taskforce and Open-Source Intelligence Hub.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 16 November 2023 to Question 1081 on Asylum: Rwanda, whether his Department plans to publish the Defending Democracy Taskforce's review into the UK's approach to transnational repression.
Answered by Tom Tugendhat - Minister of State (Home Office) (Security)
The Defending Democracy Taskforce's review into the UK's approach to transnational repression is nearing completion. It remains a priority to ensure the UK has a robust and joined up response across government and law enforcement to this threat to our democracy.
I intend to update the House on the review in due course.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will instruct the Security Industry Authority to void SIA licences if their holders are found not to have completed all learning modules.
Answered by Tom Tugendhat - Minister of State (Home Office) (Security)
As the regulator of the private security industry, the Security Industry Authority (SIA) is responsible for specifying the standard of skills and knowledge that a licensed security operative must have. The SIA does not deliver training itself. Applicants must complete all the mandatory learning modules, and have successfully achieved the role-specific qualification, prior to submitting their licence application to the SIA.
If the SIA subsequently finds that a licence holder has not completed all the required training and there is doubt over the validity of the qualification, the SIA will suspend or revoke their licence.
In response to recent media reports of training malpractice, the SIA is working with qualification regulators and awarding organisations to ensure that allegations are investigated effectively. The public must have confidence that licensed operatives have undertaken mandatory training. The Home Office is in discussion with the SIA on this issue and receiving regular reports.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he has had recent discussions with the Security Industry Authority on potential malpractice by SIA course instructors.
Answered by Tom Tugendhat - Minister of State (Home Office) (Security)
As the regulator of the private security industry, the Security Industry Authority (SIA) is responsible for specifying the standard of skills and knowledge that a licensed security operative must have. The SIA does not deliver training itself. Applicants must complete all the mandatory learning modules, and have successfully achieved the role-specific qualification, prior to submitting their licence application to the SIA.
If the SIA subsequently finds that a licence holder has not completed all the required training and there is doubt over the validity of the qualification, the SIA will suspend or revoke their licence.
In response to recent media reports of training malpractice, the SIA is working with qualification regulators and awarding organisations to ensure that allegations are investigated effectively. The public must have confidence that licensed operatives have undertaken mandatory training. The Home Office is in discussion with the SIA on this issue and receiving regular reports.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans his Department has to review the capability of (a) current and (b) potential Security Industry Authority license holders who have completed invalid training courses.
Answered by Chris Philp - Minister of State (Home Office)
As the regulator of the private security industry, the Security Industry Authority (SIA) is responsible for the licensing of individuals wishing to work in roles which fall under the scope of the Private Security Industry Act 2001. Before issuing a licence, the SIA conducts an assessment of suitability in line with the published licensing criteria (Get Licensed). The SIA can update the licensing criteria, subject to approval by the Secretary of State.
To ensure that applicants are fit and proper to obtain an SIA licence, the regulator undertakes both a right to work and criminal record checks. In addition to these checks, the SIA requires prescribed qualifications for certain front-line roles (for example, a Level 2 Award for Working as a Door Supervisor). This assessment, prior to granting an individual licence, together with the SIA’s ability to suspend or revoke active licences when operatives fall below the fit and proper threshold, forms the current model of regulation.
The public must have confidence that licensed operatives have undertaken mandatory training. If the SIA finds that a licence holder has not completed all the required training and there is doubt over the validity of the qualification, the SIA will suspend or revoke their licence. The SIA is working with qualification regulators and awarding organisations to respond to instances of training malpractice, and to prevent learners from acquiring unsound qualifications. The Home Office continues to engage with the SIA on this issue and will support measures to end training malpractice.
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he has made an assessment of the potential merits of stricter requirements for the issuing of Security Industry Authority licenses.
Answered by Chris Philp - Minister of State (Home Office)
As the regulator of the private security industry, the Security Industry Authority (SIA) is responsible for the licensing of individuals wishing to work in roles which fall under the scope of the Private Security Industry Act 2001. Before issuing a licence, the SIA conducts an assessment of suitability in line with the published licensing criteria (Get Licensed). The SIA can update the licensing criteria, subject to approval by the Secretary of State.
To ensure that applicants are fit and proper to obtain an SIA licence, the regulator undertakes both a right to work and criminal record checks. In addition to these checks, the SIA requires prescribed qualifications for certain front-line roles (for example, a Level 2 Award for Working as a Door Supervisor). This assessment, prior to granting an individual licence, together with the SIA’s ability to suspend or revoke active licences when operatives fall below the fit and proper threshold, forms the current model of regulation.
The public must have confidence that licensed operatives have undertaken mandatory training. If the SIA finds that a licence holder has not completed all the required training and there is doubt over the validity of the qualification, the SIA will suspend or revoke their licence. The SIA is working with qualification regulators and awarding organisations to respond to instances of training malpractice, and to prevent learners from acquiring unsound qualifications. The Home Office continues to engage with the SIA on this issue and will support measures to end training malpractice.