Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the right to a jury trial will be included in the proposed Bill of Rights.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Government introduced the Bill of Rights on 22 June. The Bill of Rights recognises the right to trial by jury under, and subject to, the framework set by Parliament and by the Scottish Parliament and the Northern Ireland Assembly. This enables us to give greater prominence to a UK right which is central to our justice system.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the proposed Bill of Rights will take precedence over the European Convention on Human Rights.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Government introduced the Bill of Rights on 22 June. The Bill of Rights repeals and replaces the Human Rights Act 1998, which incorporated into UK law the rights contained in the European Convention on Human Rights. Under the Bill of Rights, UK citizens will continue to be able to have their Convention rights upheld in UK courts.
However, the Bill of Rights empowers UK courts to apply human rights in a UK context, affirming the primacy of the Supreme Court in the interpretation of rights. It reinforces the primacy of UK case law, clarifying there is no requirement to follow case law from the European Court of Human Rights (ECtHR). It makes clear that the UK Supreme Court, not the ECtHR, is the ultimate judicial arbiter in deciding the proper interpretation of rights in the UK.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what information the Government holds on law firms working on behalf of the Russian state since the imposition of sanctions on Russia in response to the invasion of Ukraine.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
Legal services are distinct from other services in the role they play in supporting a flourishing democracy and upholding the rule of law. Access to legal professionals is considered a fundamental right in democratic societies. It enables businesses and individuals to exercise their rights and comply with their duties. We only have to look at Russia – where corruption is rife and Government critics are silenced - to see why the rule of law is so important. Here in the UK, rule of law means that everyone has a right to access legal representation. The Government needs to defend these rights – in contrast to authoritarian jurisdictions.
The legal sector is critical to the operation of an effective sanctions regime and law firms have a responsibility to protect the reputation of their profession and the integrity of our legal system. The Ministry of Justice is confident that the overwhelming majority of law firms operate to the highest ethical standard. Lawyers already face significant anti-money laundering responsibilities and duties, as well as strict procedures when transacting with sanctioned individuals (including within the Russian state). Licenses from the Office of Financial Sanctions Implementation (OFSI) are required for payments to be made to law firms for legal services. And lawyers must abide by their professional codes of conduct, enforced by independent regulators such as the Solicitors Regulatory Authority (SRA) and the Bar Standards Board (BSB). In response to the crisis, the SRA has stepped up spot checks and investigations to monitor and enforce compliance with the sanctions regime.
The Government does not routinely hold information on law firms working on behalf of the Russian state.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure law firms in the UK do not undertake work that supports the Russian state.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
Legal services are distinct from other services in the role they play in supporting a flourishing democracy and upholding the rule of law. Access to legal professionals is considered a fundamental right in democratic societies. It enables businesses and individuals to exercise their rights and comply with their duties. We only have to look at Russia – where corruption is rife and Government critics are silenced - to see why the rule of law is so important. Here in the UK, rule of law means that everyone has a right to access legal representation. The Government needs to defend these rights – in contrast to authoritarian jurisdictions.
The legal sector is critical to the operation of an effective sanctions regime and law firms have a responsibility to protect the reputation of their profession and the integrity of our legal system. The Ministry of Justice is confident that the overwhelming majority of law firms operate to the highest ethical standard. Lawyers already face significant anti-money laundering responsibilities and duties, as well as strict procedures when transacting with sanctioned individuals (including within the Russian state). Licenses from the Office of Financial Sanctions Implementation (OFSI) are required for payments to be made to law firms for legal services. And lawyers must abide by their professional codes of conduct, enforced by independent regulators such as the Solicitors Regulatory Authority (SRA) and the Bar Standards Board (BSB). In response to the crisis, the SRA has stepped up spot checks and investigations to monitor and enforce compliance with the sanctions regime.
The Government does not routinely hold information on law firms working on behalf of the Russian state.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that law firms based in the UK do not undertake work that contravenes Government policies on support for the Russian state.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
Legal services are distinct from other services in the role they play in supporting a flourishing democracy and upholding the rule of law. Access to legal professionals is considered a fundamental right in democratic societies. It enables businesses and individuals to exercise their rights and comply with their duties. We only have to look at Russia – where corruption is rife and Government critics are silenced - to see why the rule of law is so important. Here in the UK, rule of law means that everyone has a right to access legal representation. The Government needs to defend these rights – in contrast to authoritarian jurisdictions.
The legal sector is critical to the operation of an effective sanctions regime and law firms have a responsibility to protect the reputation of their profession and the integrity of our legal system. The Ministry of Justice is confident that the overwhelming majority of law firms operate to the highest ethical standard. Lawyers already face significant anti-money laundering responsibilities and duties, as well as strict procedures when transacting with sanctioned individuals (including within the Russian state). Licenses from the Office of Financial Sanctions Implementation (OFSI) are required for payments to be made to law firms for legal services. And lawyers must abide by their professional codes of conduct, enforced by independent regulators such as the Solicitors Regulatory Authority (SRA) and the Bar Standards Board (BSB). In response to the crisis, the SRA has stepped up spot checks and investigations to monitor and enforce compliance with the sanctions regime.
The Government does not routinely hold information on law firms working on behalf of the Russian state.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when the Maintenance Enforcement Business Centre will have a system in place to receive overseas maintenance payments through the Reciprocal Enforcement of Maintenance Orders from New Zealand.
Answered by Chris Philp - Minister of State (Home Office)
The UK reciprocates with New Zealand under the 1956 New York Convention, the UN Convention on the Recovery Abroad of Maintenance. Payments are already received and processed by the HMCTS Maintenance Enforcement Business Centre under this treaty. The payment processing method is currently being updated.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the Government plans to extend the validity period of marriage and civil partnership notices as a result of the covid-19 pandemic.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
We understand the frustration couples who have had to postpone their wedding or civil partnership must be feeling.
The requirement to solemnize a marriage within twelve months of giving notice to marry is set out in primary legislation, which does not provide for extending this period. It would require primary legislation to change this. In the meantime, the fees charged by local authorities for giving notice can be reduced, waived or refunded on compassionate grounds or in cases of hardship. It is for each local authority to determine when this can be applied.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make it his policy to bring forward legislative proposals to allow assisted dying in appropriate circumstances.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
It remains the Government’s view that any change to the law in this area is a matter for Parliament to decide and an issue of conscience for individual Parliamentarians rather than one for Government policy.
Parliament has not so far voted to legalise assisted suicide in any circumstances.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what training is available for judges and barristers to assist them when questioning child witnesses in cases involving sexual offences.
Answered by Shailesh Vara
Judicial training is a judicial matter and fulfilled by the Judicial College, which reports to the Lord Chief Justice. Training for barristers is a matter for their own professional bodies.
The Judicial College have advised me that a workshop on the cross examination of vulnerable witnesses is incorporated into their Serious Sexual Offences Seminar. This is mandatory training for all judges who have been authorised to hear cases involving serious sexual offences.
Asked by: Daniel Kawczynski (Conservative - Shrewsbury and Atcham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential merits of providing a registered intermediary when children are interviewed by police in sexual offence cases.
Answered by Mike Penning
The specific needs of vulnerable witnesses, including children, are assessed on a case by case basis. The guidance, “Achieving Best Evidence in Criminal Proceedings”, sets out best practice for the police when undertaking an initial assessment. This assessment may identify a specific need for the assistance of an intermediary during the course of the investigation, for example in an interview or latterly at court when giving evidence.