Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, pursuant to the Answer of 18 December 2023 to Question 6413 on Government Legal Department, what the composition is of (a) her Department's Legal Advisers and (b) the Government Legal Department Litigation Group; and what (i) their legal qualifications and (ii) the professional standards to which they are required to adhere are.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The composition of the Ministry of Justice Legal Advisers Team, a division of the Government Legal Department (GLD), is as follows:
Description | Staff numbers |
Head of Division/Director (Senior Civil Service Pay Band 2) | 1 |
Deputy Director (Senior Civil Service Pay Band 1) | 6 |
Senior Lawyer (Grade 6) | 23 |
Lawyer (Grade 7) & Junior Lawyer (Legal Officer) | 37 |
Senior Executive Officer, Higher Executive Officer | 0 |
Legal Trainee, Executive Officer, Administrative Officer | 10 |
The composition of the GLD's Litigation Group is as follows:
Description | Staff numbers |
Head of Division/Director (Senior Civil Service Pay Band 2) | 1 |
Deputy Director (Senior Civil Service Pay Band 1) | 30 |
Senior Lawyer (Grade 6) | 136 |
Lawyer (Grade 7) & Junior Lawyer (Legal Officer) | 336 |
Senior Executive Officer, Higher Executive Officer | 51 |
Legal Trainee, Executive Officer, Administrative Officer | 203 |
These civil servants act on behalf of and in the name of the Treasury Solicitor, and pursuant to section 88 of the Solicitors Act 1974 are not required to be admitted or enrolled as a legal practitioner. They predominantly comprise of solicitors and barristers, the majority of which are admitted to practice in England and Wales, although some are qualified to practice in other jurisdictions.
The Costs Litigation Team includes qualified costs lawyers, in addition to which a small number of qualified legal executives are also employed in the Litigation Group. The balance of staff comprises legal trainees, apprentices, paralegals, and business support staff.
Qualified lawyers are required to adhere to the professional standards of their respective profession (solicitor, barrister, costs lawyer, or legal executive), and all staff are required to comply with the Civil Service Code.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, whether her Department has (a) procedures and (b) notification systems in place for potential errors made by the Government Legal Department (GLD); whether errors by the GLD are recorded; whether financial losses arising from errors made by the GLD are recovered from the GLD; whether processes are in place to ensure that citizens receive redress when there has been a failure to process (i) applications, (ii) court orders and (iii) other maladministration by HM Courts and Tribunals Service; who in her Department is responsible for identifying and recording errors by the GLD; and what records her Department maintains of (A) apologies, (B) payments of compensation and (C) other matters relating to the GLD.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
Where members of the public wish to raise a complaint about the Government Legal Department (GLD) or any of its staff, there is a relevant complaints procedure. Complaints will be investigated in accordance with the GLD complaints policy, which is available at https://www.gov.uk/government/organisations/government-legal-department/about/complaints-procedure#:~:text=Examples%20of%20maladministration-,What%20to%20do%20if%20you%20have%20a%20complaint,from%20receipt%20of%20your%20complaint.
There is then a right of appeal to the Treasury Solicitor. If the appellant is not satisfied with the department’s reply, and they feel that they have sustained injustice as a result of maladministration, they can consider bringing the matter to the Parliamentary Commissioner for Administration (the Ombudsman).
The Ombudsman can recommend that organisations make payments if a complainant has sustained financial loss or to acknowledge the complainant’s distress. However, the Ombudsman will not investigate complaints where the complainant has the option to pursue legal action.
The Attorney General and Treasury Solicitor also meet regularly to discuss performance and serious errors can be flagged.
HM Courts & Tribunals Service (HMCTS) has an administrative complaints procedure that allows citizens to complain about administrative failures to process applications and court orders or other maladministration. If HMCTS receives a complaint then it will investigate and take steps to put things right where any administrative error has been made. More information about this complaints process is available at https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, what processes his Department has in place to (a) record and (b) monitor undertakings made by (i) the Treasury Solicitor and (ii) other Ministers and officials in his Department.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The Law Officers are responsible fot eht oversight of the Law Officers' departments, namely the Crown Prosecution Service (CPS), the Serious Fraud Office (SFO), His Majesty's Crown Prosecution Service Inspectorate (HMCPSI) and the Government Legal Department (GLD), as well as the Attorney General's Office.
In the case of the CPS and the SFO, the relationship with those bodies is provided for in statute and is described as "superintendence", and both are underpinned by Framework Agreements published on Gov.uk. Oversight of the GLD is underpinned by a Framework Agreement, and by a protocol in the case of HMCPSI.
The Treasury Solicitor is the Permanent Secretary of the GLD and the GLD's own guidance in respect of undertakings is to "avoid giving undertakings unless strictly necessary", and that if it is absolutely necessary to give an undertaking, GLD lawyers should do so only in accordance with the Solicitors Regulation Authority's Code of Conduct 2011.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, if he will publish the (a) names and (b) grades of officials in his Department that are responsible for ensuring that his Department complies with its obligations under the General Data Protection Regulation and the Data Protection Act 2018.
Answered by Robert Buckland
All staff take responsibility within their roles for complying with the Attorney General’s Office obligations under the General Data Protection Regulation and the Data Protection Act 2018. Two grade 6 officers, one grade 7 officer, and one HEO took specific responsibility for ensuring that the Attorney General’s Office was, in line with Department for Culture, Media and Sport’s guidelines, ready for the implementation date of 25th May 2018.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, for what time periods his Department did not have a dedicated data protection officer with responsibility for his Department's obligations under the Data Protection Act 2018 and the General Data Protection Regulations since May 2018.
Answered by Robert Buckland
There was no period of time when the Attorney General’s Office was without a Data Protection Officer. Prior to the appointment being confirmed 21st June 2018 the AGO had a temporary arrangement whereby someone was informally performing the role of Data Protection Officer.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, on what dates did (a) his Department and (b) an individual on behalf of his Department notify the Information Commissioner's Office of the name and contact details of each Data Protection Officer since May 2018.
Answered by Robert Buckland
The Information Commissioner’s Office was notified of the appointment of Government Legal Department’s appointment of a Data Protection Officer 21st June 2018. A further communication was sent to the Information Commissioner’s Office 15th February 2019 to confirm that this Officer was also covering the role for the Attorney General’s Office and HM Crown Prosecution Service Inspectorate.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, by what form of communication (a) his Department and (b) an individual on behalf of his Department notify the Information Commissioner's Office of the name and contact details of each Data Protection Officer since May 2018.
Answered by Robert Buckland
The Information Commissioner’s Office was informed by email.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, prior to the formal notification to the Information Commissioner's Office of Paul Woods' appointment as the Data Protection Officer in his Department, who else was appointed to that role; and for what periods of time those appointments were made.
Answered by Robert Buckland
Data Protection compliance at the Attorney General’s Office was managed as part of a wider role in the office and was in place from April 2015. There were no DPOs required before May 2018.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, on what date Paul Woods, the Departmental Records Officer and FOI/DPA coordinator in the Government Legal Department, became the Data Protection Officer for his Department; and (a) when and (b) how that appointment was notified to the (i) Information Commissioner's Office, (ii) Ministers of his Department, (iii) staff of his Department and (iv) Treasury Solicitor.
Answered by Robert Buckland
The Appointment was confirmed on 22 May 2018 and the Attorney General’s Office was informed that day. The ICO, GLD Staff and the Treasury Solicitor were notified 25 May 2018.
Asked by: George Howarth (Labour - Knowsley)
Question to the Attorney General:
To ask the Attorney General, who in his Department holds the position of Senior Information Risk Owner; when and how that official was appointed; what criteria were used to assess the professional qualities and expert knowledge of data protection law and practices of the candidates for that post; and who has held that position in each of the last six years.
Answered by Robert Buckland
The position of Senior Information Risk Owner (SIRO), in the Attorney General’s Office, is part of the Head of Operations Role. The official was appointed following fair and open completion in 2014 following the guidelines for Senior Civil Service Recruitment. The Head of Operations has held the role of SIRO for the last 6 years.