Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to support clients of solicitors who fall into administration who (a) are being misinformed and (b) cease to be informed.
Answered by Mike Freer
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). 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.
The SRA works closely with firms to ensure that consumers’ interests are protected. Their website provides clear guidance for firms that are falling into administration and warns that they will intervene if consumers’ interests are at risk: https://www.sra.org.uk/solicitors/guidance/closing-down-your-practice/.
The SRA also provides guidance for consumers affected by their law firm’s closure: https://www.sra.org.uk/consumers/problems/solicitor-closed-down/intervention/.
The Legal Ombudsman (LeO) is also able to support consumers with concerns about law firms who are no longer operational. Their website provides information with regards to the different routes available for consumers depending on their personal circumstances https://www.legalombudsman.org.uk/for-consumers/factsheets/complaining-about-closed-service-providers/.
Firms that fall into administration have a duty to make former clients aware. Notably, there are requirements in respect of the advertising and publication of an insolvency so that creditors and other interested parties are made aware. Further detail on this can be found here: https://www.gov.uk/guidance/technical-guidance-for-official-receivers/4-publication-of-insolvency-information.
Asked by: Dan Jarvis (Labour - Barnsley North)
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
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 North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the prevalence of imported cellular internet of things modules in equipment used by the Prison Service; and what steps his Department is taking to ensure the security of such equipment.
Answered by Edward Argar
The UK takes its national security extremely seriously and has taken robust action to secure its critical infrastructure and resilience. For security reasons, we do not comment on specific prison security measures.
The National Security and Investment Act allows the Government to intervene where foreign direct investment is targeted at innovative UK companies. Where such investment is within critical sectors, it is mandatory to notify the Government and this is subject to thorough assessment by the national security community. The Procurement Bill will also provide powers for the Government to exclude and debar companies from public procurement where the Government assesses there to be an intolerable national security risk.
Additionally, the Government has taken specific action on Chinese-made devices on the Government estate. The Chancellor of the Duchy of Lancaster published a Written Ministerial Statement in November 2022 detailing instructions for departments to disconnect such surveillance equipment from core departmental networks, where it had been produced by companies subject to the National Intelligence Law of China. Government departments have been implementing these policies along with other protective security controls and will not hesitate to take further action if necessary.
The Ministry of Justice keeps the security issues associated with internet facing technology/components under close review as part of its overall approach to security, and in line with GSG, NPSA and NCSC guidance.
Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what information his Department holds on the number of sex offenders awaiting sentencing who have gained permission to leave the country, as specified in their bail conditions, since 2010.
Answered by Edward Argar
The decision to remand an individual in custody or to grant bail is solely a matter for the courts acting in accordance with the law on a case by case basis.
Bail can only be refused where there are substantial grounds for believing that the individual would abscond, commit further offences, interfere with witnesses or otherwise obstruct the course of justice. Where the court grants bail, it does so with the proviso that the individual attends court, does not commit another offence while on bail and does not interfere with witnesses or otherwise obstruct the course of justice. The court may also decide to impose certain conditions to help ensure that the individual complies with these requirements and to help mitigate any other identified bail risks. Such conditions may include, but are not limited to, the surrender of passports to prevent the individual from travelling abroad.
The court can also impose a Sexual Risk Order where an individual has committed an act of a sexual nature which suggests that they pose a risk of harm to the public in the UK or children or vulnerable adults abroad.
The Government is working to ensure the courts have all the information they need to make an informed decision about the risk posed by an individual.
Information relating to bail conditions that are imposed by the courts is not centrally recorded in the Court Proceeding Database held by the Ministry of Justice and to obtain it would involve a manual interrogation of court records which would result in a disproportionate cost to the department.
On 17 January, the Justice Select Committee published its report entitled "The Role of Adult Custodial Remand in the Criminal Justice System". The report makes recommendations which relate to bail conditions and to the availability of data. The Government will publish its response to the report on 17 March.
Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of policies applying to bail conditions for sex offenders awaiting sentencing.
Answered by Edward Argar
The decision to remand an individual in custody or to grant bail is solely a matter for the courts acting in accordance with the law on a case by case basis.
Bail can only be refused where there are substantial grounds for believing that the individual would abscond, commit further offences, interfere with witnesses or otherwise obstruct the course of justice. Where the court grants bail, it does so with the proviso that the individual attends court, does not commit another offence while on bail and does not interfere with witnesses or otherwise obstruct the course of justice. The court may also decide to impose certain conditions to help ensure that the individual complies with these requirements and to help mitigate any other identified bail risks. Such conditions may include, but are not limited to, the surrender of passports to prevent the individual from travelling abroad.
The court can also impose a Sexual Risk Order where an individual has committed an act of a sexual nature which suggests that they pose a risk of harm to the public in the UK or children or vulnerable adults abroad.
The Government is working to ensure the courts have all the information they need to make an informed decision about the risk posed by an individual.
Information relating to bail conditions that are imposed by the courts is not centrally recorded in the Court Proceeding Database held by the Ministry of Justice and to obtain it would involve a manual interrogation of court records which would result in a disproportionate cost to the department.
On 17 January, the Justice Select Committee published its report entitled "The Role of Adult Custodial Remand in the Criminal Justice System". The report makes recommendations which relate to bail conditions and to the availability of data. The Government will publish its response to the report on 17 March.
Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to improve access to digital assets for next of kin where they are not reference in the will of the deceased.
Answered by Baroness Maclean of Redditch
The Government will consider recommendations made in respect of accessing digital assets after a person has died and inheritance questions for such rights, in the light of two forthcoming law reform reports being undertaken by the Law Commission.
The first of these is the law reform project on digital assets which is exploring how the existing law of personal property applies to digital assets. The Law Commission’s consultation paper on this topic was issued in July and runs to 4 November 2022.
The second is the Law Commission’s law reform project reviewing the law of wills which will contribute to the evidence base around the transfer of digital assets on death.
Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many applications Employment Tribunals allowed to be submitted out of time in each of the last 10 years.
Answered by Tom Pursglove
HM Courts & Tribunals Service does not centrally record the number of out of time applications that are accepted.
Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent progress he has made on piloting (a) integrated domestic abuse courts and (b) other new types of family courts.
Answered by James Cartlidge - Shadow Secretary of State for Defence
We are committed to improving the family court experience for survivors of domestic abuse and their children. On 21 February 2022, we launched the Integrated Domestic Abuse Court pilot in courts in Dorset and North Wales. The pilot is testing a new approach to dealing with certain private law proceedings. It moves away from the adversarial model and towards a more investigative, problem-solving approach based on the features and risk profile of a case. The pilot courts will be able to offer out of court issue resolution for cases with no safeguarding concerns by incorporating referral or signposting to local or digital resources.
Family Drug and Alcohol Courts are another new type of family court. These courts provide a problem-solving approach to care proceedings, specialising in alcohol and substance misuse. In this approach, a team of substance misuse specialists, domestic violence experts, psychiatrists and social workers carry out an early assessment and agree an intervention plan with parents who come before the court in care proceedings. The Family Drug and Alcohol Courts model is delivered by the Centre for Justice and Innovation, and the Department for Education is the lead government department with responsibility in this area.
Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent progress he has made on creating a statement of practice on domestic abuse.
Answered by Tom Pursglove
In response to the MoJ expert panel’s report, published in 2020, the Government committed to working with all key partners in the family justice system to design a statement of practice for cases raising issues of domestic abuse or other risks of harm. This statement of practice will take into account provisions made in the Domestic Abuse Act 2021, and learning from the development of the Integrated Domestic Abuse Courts. This is being progressed jointly by system leaders with oversight from the Family Justice Board.
Asked by: Dan Jarvis (Labour - Barnsley North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential effect of the time taken to publish the Child protection at heart of courts review on children living with a parent who is a known perpetrator of domestic abuse.
Answered by Tom Pursglove
Work is underway on the review into the presumption of parental involvement in private law proceedings. The review is focused on the application of the presumption, and the statutory exception, in cases where there is evidence to suggest that parental involvement will put the child at risk of harm. Covid-19 has led to delays in the commissioning and delivery of the literature review, qualitative research project, and judgment analysis. All three strands are now on track to complete by the end of the year.