Asked by: Charles Walker (Conservative - Broxbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when the Government intends to publish its consultation relating to death by dangerous driving and driving without due care and attention.
Answered by Oliver Heald
My department is looking at driving offences and penalties for those who kill or cause serious injury and the best way to take this work forward.
Asked by: Charles Walker (Conservative - Broxbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been (a) prosecuted, (b) convicted and (c) given a prison sentence for money laundering in each of the last five years.
Answered by Andrew Selous - Second Church Estates Commissioner
The Government is committed to ensuring that the UK has a robust anti-money laundering regime. The National Risk Assessment of money laundering and terrorist financing was published in 15 October 2015. This identified the threats and vulnerabilities we face in these areas. The Home Office will be publishing an Anti-Money Laundering Action Plan, setting out the steps that we will take to address them.
Sentencing is a matter for our independent courts, which must follow relevant sentencing guidelines. The independent Sentencing Council is responsible for issuing sentencing guidelines and it issued a guideline on money laundering in 2014, (effective from October 2014), following full public consultation. This is the first sentencing guideline covering money laundering.
The number of people prosecuted, convicted and given a custodial sentence for money laundering offences, in England and Wales, from 2010 to 2014 (the latest data available), can be viewed on the Ministry of Justice website at the following link:
https://www.gov.uk/government/statistics/criminal-justice-system-statistics-quarterly-december-2014 under “Criminal justice statistics outcomes by offence data tool”.
The largest fine imposed on an offender sentenced at all courts for a money laundering offence, in England and Wales, between 2010 and 2014 (the latest year for which data was available) was £50,000. The longest immediate custodial sentence handed down to an offender sentenced at all courts for a money laundering offence, in England and Wales, between 2010 and 2014 was 12 years.
Court proceedings data for calendar year 2015 is planned for publication in May 2016.
Asked by: Charles Walker (Conservative - Broxbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the (a) largest fine levied and (b) longest prison sentence handed down in respect of a conviction for money laundering has been in the last five years.
Answered by Andrew Selous - Second Church Estates Commissioner
The Government is committed to ensuring that the UK has a robust anti-money laundering regime. The National Risk Assessment of money laundering and terrorist financing was published in 15 October 2015. This identified the threats and vulnerabilities we face in these areas. The Home Office will be publishing an Anti-Money Laundering Action Plan, setting out the steps that we will take to address them.
Sentencing is a matter for our independent courts, which must follow relevant sentencing guidelines. The independent Sentencing Council is responsible for issuing sentencing guidelines and it issued a guideline on money laundering in 2014, (effective from October 2014), following full public consultation. This is the first sentencing guideline covering money laundering.
The number of people prosecuted, convicted and given a custodial sentence for money laundering offences, in England and Wales, from 2010 to 2014 (the latest data available), can be viewed on the Ministry of Justice website at the following link:
https://www.gov.uk/government/statistics/criminal-justice-system-statistics-quarterly-december-2014 under “Criminal justice statistics outcomes by offence data tool”.
The largest fine imposed on an offender sentenced at all courts for a money laundering offence, in England and Wales, between 2010 and 2014 (the latest year for which data was available) was £50,000. The longest immediate custodial sentence handed down to an offender sentenced at all courts for a money laundering offence, in England and Wales, between 2010 and 2014 was 12 years.
Court proceedings data for calendar year 2015 is planned for publication in May 2016.
Asked by: Charles Walker (Conservative - Broxbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what discussions he has had with the Law Society on its inclusion of Sharia succession rules in its guidance; and if he will make a statement.
Answered by Shailesh Vara
Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.
The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.
The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.
The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.
Asked by: Charles Walker (Conservative - Broxbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment she has made of the Law Society's inclusion of Sharia succession rules in its guidance and its compatibility with existing equalities legislation.
Answered by Shailesh Vara
Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.
The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.
The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.
The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.
Asked by: Charles Walker (Conservative - Broxbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance judges will receive on settling inheritance disputes which were initially settled under the Sharia succession rules guidance issued by the Law Society.
Answered by Shailesh Vara
Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.
The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.
The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.
The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.
Asked by: Charles Walker (Conservative - Broxbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the Solicitors Regulation Authority is continuing to endorse the Law Society practice note on Sharia succession rules; and whether such an endorsement is compatible with the SRA's obligations under the Equality Act 2010; and if he will make a statement.
Answered by Shailesh Vara
Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.
The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Solicitors Regulation Authority (SRA) is the independent regulatory arm of the Law Society, the approved regulator for solicitors under the Legal Services Act 2007. The SRA has advised that its recent guidance issued on the drafting and preparation of wills relates to conduct issues concerning the drafting and preparation of wills, rather than their content. At the end of that guidance, reference was made and links attached to other sources of information, amongst which was a link to the practice note issued by the Law Society. The SRA advise that such references are regularly attached to their guidance and are not an endorsement of their content. The SRA advise that the reference to the Law Society practice note has now been removed from the appendix to its guidance note.