Oral Answers to Questions

Helen Grant Excerpts

Thursday 5th September 2013 Commons Chamber

[Charlie Elphicke (Dover) (Con)]

3. How much funding the Government provided for the Equality and Diversity Forum in 2012-13; and for what reasons this money was allocated.

[The Parliamentary Under-Secretary of State for Women and Equalities (Mrs Helen Grant)]

The Equality and Diversity Forum is an independent network of equality and human rights organisations. The Government did not fund any of its activities in 2012-13.

[Charlie Elphicke]

Is the Minister aware that some of the forum’s political activities could breach the Charity Commission’s rules on campaigning and political activity?

[Mrs Grant]

I thank my hon. Friend for making that point. It would be absolutely unacceptable for any charity to behave in a way that breached its regulatory requirements. The Government would not accept any behaviour of that sort or condone such activity. If he remains concerned, I advise him to take the issue up with the forum, the Charity Commission or both.

[Yvonne Fovargue (Makerfield) (Lab)]

The Government have cut by almost 70% the budget of the Equality and Human Rights Commission, which funds the work of the EDF. What assessment have the Government made of the impact of those cuts on the EDF’s work and the work of the other bodies it supports?

[Mrs Grant]

Yes, there have been changes, but the EDF is still capable of doing all the activities it needs to do. The forum is a valuable component that does valuable work. I have, on occasion, been lucky enough to be invited to attend meetings and to speak at them.

[Margot James (Stourbridge) (Con)]

4. What activities have taken place to promote the launch of the report of the Women’s Business Council on maximising women’s contribution to future economic growth; and if she will make a statement.

Reforming Mesothelioma Claims

Helen Grant Excerpts

Monday 2nd September 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

My right hon. and noble Friend the Minister of State, Ministry of Justice, Lord McNally, made the following written ministerial statement:

I am today—Wednesday 24 July 2013—announcing the publication of the Government’s consultation “Reforming mesothelioma claims”.

It is a tragic fact that around 23,000 deaths from mesothelioma are predicted to occur between 2014 and 2024. Mesothelioma is an aggressive and terminal occupational disease caused by exposure to asbestos, with sufferers having a median life expectancy of seven to nine months from diagnosis. Despite this, there is evidence that around 50% of claims for compensation take over 12 months to settle, which means that victims may die before their claim is paid out.

The Government recognise that there is a special and urgent case for reforming the way mesothelioma claims are dealt with. The proposals in the consultation build upon the significant work taken forward by the Mesothelioma Bill, currently before Parliament, and seek to increase the pace and improve the efficiency of the claims process so that an early payment of compensation is made to sufferers and their dependants.

The consultation considers introducing a dedicated mesothelioma pre-action protocol (MPAP) supported by an industry funded secure claims gateway. It also seeks views on both the principle and structure of a fixed recoverable cost regime which aims to reflect the greater speed and efficiencies gained by the proposed MPAP.

As part of that consultation, we will carry out the review of the mesothelioma provisions required under section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

The Government accept that the handling of mesothelioma claims is a complex and sensitive issue, and are keen to hear views on our proposals and any further ideas from all interested parties.

Copies of this Government consultation have been placed in the Vote Office, the Printed Paper Office and the Libraries of both Houses. The document is also available online at: http://www.justice.gov.uk.

Inheritance and Trustees' Powers Bill

Helen Grant Excerpts

Monday 2nd September 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

My right hon. and noble Friend the Minister of State, Ministry of Justice, Lord McNally, made the following written ministerial statement:

The Government are today—Tuesday 30 July 2013—publishing its response to the consultation on the Inheritance and Trustees’ Powers Bill.

The consultation paper sought the views of respondents on proposed reforms concerning intestacy and family provision. Respondents were asked for comments on the draft Bill and the explanatory notes, for views in relation to an additional ground of jurisdiction for family provision claims, and views on the impact assessment.

The overall response was supportive of the proposed reforms and did not raise any significant doubts about the accuracy of the impact assessment. Differing views were expressed over the proposed additional ground of jurisdiction and this issue is dealt with in detail in our response. Although the Government have not accepted the additional ground of jurisdiction that attracted the most support among consultees the Government have robust reasons for reaching the decision they have and these are detailed in the response.

The Bill itself was today introduced into the House of Lords under the special House of Lords procedure for non-controversial Law Commission Bills.

Magistrates' Courts: Salford

Helen Grant Excerpts

Monday 2nd September 2013 Ministerial Corrections

[Mr Slaughter]

To ask the Secretary of State for Justice how the theft of a network server from Salford magistrates' court in January 2012 took place; who stole the server; what the value of the server was; how it was recovered; what action has been taken against the thief; what documents were on the server; whether such documents (a) related to court staff, defendants, victims or witnesses and (b) included personal or confidential matters or matters related to evidence; what steps have been taken to inform those affected; for what reasons he believes that the information has not been accessed; for what reasons the theft was not reported to the police and the Information Commissioner's Office (ICO) until June 2012; when he expects the ICO to report; and if he will make a statement.

[Official Report, 18 July 2013, Vol. 566, c. 829W.]

Letter of correction from Helen Grant:

An error has been identified in the written answer given to the hon. Member for Hammersmith (Mr Slaughter) on 18 July 2013.

The full answer given was as follows:

[Mrs Grant]

The theft of a network server from Salford magistrates court occurred during the IT decommissioning process undertaken by contractors during the closure of the court. Following a police investigation, there was insufficient evidence to identify who stole the server and secure a conviction and no charges were brought. The estimated value of the server was £1,200.

The theft came to light on 3 May 2012 when the server was put up for sale on eBay still bearing the contractor's logo/asset tag. Arrangements were made by the contractor to recover the server on 9 May 2012. Once the facts were established, the incident was reported to the Information Commissioner's Office (ICO) on 14 June 2013.

Files recovered from non user-accessible areas of the server contained personal and sensitive data, including court documents and e mails, but a detailed forensic analysis and audit did not identify any access to the files during the time the server was not under the control of MOJ and therefore no action has been taken to inform those affected.

The matter is still under investigation by the ICO and we await their report.

The correct answer should have been:

[Mrs Grant]

The theft of a network server from Salford magistrates court occurred during the IT decommissioning process undertaken by contractors during the closure of the court. Following a police investigation, there was insufficient evidence to identify who stole the server and secure a conviction and no charges were brought. The estimated value of the server was £1,200.

The theft came to light on 3 May 2012 when the server was put up for sale on eBay still bearing the contractor's logo/asset tag. Arrangements were made by the contractor to recover the server on 9 May 2012. Once the facts were established, the incident was reported to the Information Commissioner's Office (ICO) on 14 June 2012.

Files recovered from non user-accessible areas of the server contained personal and sensitive data, including court documents and e mails, but a detailed forensic analysis and audit did not identify any access to the files during the time the server was not under the control of MOJ and therefore no action has been taken to inform those affected.

The matter is still under investigation by the ICO and we await their report.

Advisory Council on National Records and Archives (Triennial Review)

Helen Grant Excerpts

Wednesday 17th July 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

I am today announcing the triennial review of the Advisory Council on National Records and Archives. Triennial reviews of non-departmental public bodies (NDPBs) are part of the Government’s commitment to ensuring that NDPBs continue to have regular independent challenge on their remit and governance arrangements. The review will challenge the continuing need for the function of the council and its form. In conducting the review, officials will be engaging with a broad range of stakeholders and users. The review will be aligned with guidance published by the Cabinet Office. If it is agreed that it should remain as an NDPB, the review will consider its control and governance arrangements to ensure that it is operating in line with the recognised principles of good corporate governance. I intend to announce the findings of the review early next year, and will place a copy of the report in the Library of the House.

Freedom of Information Act (Code of Practice)

Helen Grant Excerpts

Wednesday 17th July 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

My noble friend the Minister of State, Ministry of Justice, Lord McNally, has made the following written ministerial statement:

The Government will today issue, under section 45 of the Freedom of Information Act (FOIA), a new code of practice in relation to the release and reuse of datasets under FOIA. It supplements but does not replace the existing code of practice issued under section 45 for public authorities on the discharge of their current obligations under part 1 of FOIA.

This new code of practice will provide guidance for public authorities on best practice to follow in discharging their new responsibilities in relation to datasets provided for by section 102 of the Protection of Freedoms Act 2012. Section 102, which is not yet in force, amends section 11 (means by which communication to be made) and section 19 (publication schemes) of FOIA and inserts new sections 11A and 1B. Once commenced, these changes, which form an important part of our transparency agenda, will mean that where a person requests information under FOIA that is or forms part of a dataset, and expresses a preference to receive it in electronic form, the public authority must (if FOIA requires the dataset to be released) provide the dataset in an electronic form which allows its reuse. The result will be that the public authority must, first, provide the dataset in a reusable format, where reasonably practicable; and, secondly, grant a licence (in accordance with one of the specified licences referred to in this code) under which its datasets may be reused.

In particular, this code of practice provides further guidance on key definitions and the circumstances where it will be reasonably practicable for public authorities to provide datasets in a reusable format; the disclosure of datasets; their reuse, including licensing and charging arrangements; the circumstances where it may be appropriate to publish updated versions of datasets on an ongoing basis; and the provision of advice and assistance to applicants in relation to these provisions.

The code of practice will take effect when section 102 of the Protection of Freedoms Act 2012 is commenced on 1 September. To coincide with commencement. Regulations authorising the charging of fees for reuse of datasets will be made and laid before Parliament under section 11B of FOIA. These will also come into force on 1 September.

In line with my responsibilities under section 45 of FOIA, I will arrange for a copy of the code of practice to be laid before each House of Parliament.

North Liverpool Community Justice Centre

Helen Grant Excerpts

Wednesday 17th July 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

I am today launching a consultation on the closure of North Liverpool Community Justice Centre. It is proposed that the work of the centre, and the principles of its problem-solving approach, moves to Sefton magistrates court less than two miles away.

North Liverpool Community Justice Centre has operated from its Boundary Street site, a former primary school, since September 2005. However, the local work load has fallen to the extent that the centre is now underutilised. In the light of current and future financial constraints it is increasingly difficult to justify the ongoing operation of the Boundary Street site.

In this case, and on any future local consultations on court and tribunal closures, I believe that a consultation period of six weeks is sufficient to canvass the views of interested parties rather than a 12-week national consultation exercise. I am committed to ensuring that we continue to provide court and tribunal users with effective access to justice while seeking ways to do so at a lower cost and alongside our efforts to improve the efficiency of the justice system as a whole.

The consultation document is published on the Ministry of Justice website at www.justice.gov.uk

Powers of Attorney (Fees)

Helen Grant Excerpts

Tuesday 16th July 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

In October 2011, the Office of the Public Guardian (OPG) increased its fees for Powers of Attorney (LPA) applications to enable it to deliver its transformation programme. A key aspect of this programme has been the development and implementation of a new IT system, supporting the OPG’s “digital by default” ambition and ensuring a more efficient and effective service for customers. The launch of a new digital tool, on 1 July, was a significant milestone in this programme of transformation.

As a result, the OPG will be reducing its fees for Power of Attorney applications with effect from 1 October 2013. The new fee will be £110 per application and £55 for a resubmission.

The proposed fee reduction only relates to fees charged for registering Lasting Power of Attorney or Enduring Power of Attorney applications. Further OPG fee changes will be made once the full transition to digital services is concluded during 2014-15.

Deaths of Service Personnel Overseas (Inquests)

Helen Grant Excerpts

Tuesday 16th July 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

The Minister for the Armed Forces, my right hon. Friend the Member for South Leicestershire (Mr Robathan) and I now make our latest quarterly statement to the House on progress with inquests into the deaths of service personnel on active service overseas. First of all we wish to express the Government’s and the nation’s deep sense of gratitude to all our service personnel who have served on behalf of us all in the Iraq and Afghanistan operations. They are second to none in their continuous courage and their complete professionalism. We think of those service personnel who have given their lives, and we remember the families who are trying to learn how to live without them.

This statement provides details of inquests conducted by the Oxfordshire coroner, the Wiltshire and Swindon coroner and other coroners in England and Wales. The statement shows the position at 9 July 2013.

There is additional information to supplement this statement in tables which we have placed in the Libraries of both Houses. The tables give the status of all current cases. They include information about cases where a board of inquiry or a service inquiry has been held or has been directed to be held.

Our two Departments will continue to work together to ensure that our processes are timely and effective. The Chief Coroner for England and Wales is in post and his additional powers and duties in relation to service personnel inquests will come into force this summer. As we have previously reported. Section 12 of the Coroners and Justice Act 2009 came into force last year and enables deaths of service personnel killed abroad on active duty to be investigated in Scotland where appropriate.

Once again we offer our sincere thanks to coroners and their staff who are conducting inquests into the deaths of service personnel, and we will continue to support them. We are also grateful to everyone else who provides help and support for bereaved families as the inquest process goes forward.

Both Departments have made funding available for additional resources for the coroners in Wiltshire and Swindon and in Oxfordshire since October 2007. This helps those coroners conduct the inquests of service personnel who have been repatriated to airbases at RAF Lyneham in Wiltshire and RAF Brize Norton in Oxfordshire in their respective districts. The extra funding prevents any backlog of inquests and makes it easier for the coroners to take the service personnel inquests forward while still dealing with their normal workload.

Current status of inquests

Since we made our last statement a further four inquests have been concluded into the deaths of service personnel on operations in Iraq or Afghanistan. There have been a total of 573 inquests into the deaths of service personnel who have died in Iraq and Afghanistan or have returned to the UK and sadly died here from injuries sustained on those operations. In three cases there has been no formal inquest. One of these cases concerns a serviceman who died from his injuries in Scotland, where it was decided not to hold a fatal accident inquiry. The other two deaths were taken into consideration at inquests into the deaths of other service personnel who died in the respective incidents.

Open inquests

Deaths in Afghanistan

As at 9 July 2013, 45 inquests are open into the deaths of service personnel in Afghanistan. Four of these inquests concern deaths in the last six months.

The Wiltshire and Swindon coroner has retained nine of the open inquests, while the Oxfordshire coroner has retained 22. Coroners nearer to the next-of-kin have accepted jurisdiction in the remaining 14 inquests. Eight hearing dates have been set.

Deaths of service personnel who returned home injured

Regarding the deaths of service personnel who returned home injured but have sadly died of their injuries, three inquests are open and will be listed when investigations into the deaths have been completed.



We will continue to inform the House of progress.

Law Commission (Triennial Review)

Helen Grant Excerpts

Tuesday 16th July 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

I have today published the report of stage 1 of the triennial review of the Law Commission. I have placed a copy in the Library. I have taken the unusual step of publishing the stage 1 report in advance of completing stage 2 as it is important that there is clarity about the future of the Law Commission while it is consulting on its 12th programme.

In line with the methodology established by the Cabinet Office, the Law Commission was assessed against the Government’s three tests: a) is this a technical function, which needs external expertise to deliver; b) is this a function which needs to be, and be seen to be, delivered with absolute political impartiality, such as certain regulatory or funding functions; and c) is this a function which needs to be delivered independently of Ministers to establish facts and/or figures with integrity.

The answers to these questions then enabled a fuller consideration of how these functions should be delivered in the future.

Stage 1 of the Law Commission triennial review found that there is a continuing need for its functions and that the NDPB model is most appropriate to maintain technical expertise and independence from Government. In particular, in the delivery of all its law reform projects, the Commission enjoys the support of a wide range of academics, research bodies and other experts who contribute to the Commission’s work—often on a pro bono basis—because it is an independent body producing impartial, evidence-based recommendations. Other potential delivery models were assessed, but were found to be less cost effective. The Government will now continue to conduct stage 2 of the triennial review, reviewing the control and governance arrangements in place for the Commission. I will report back to Parliament on the outcome in the autumn.

I am very grateful to all those who responded to the call for evidence. Their contributions and perspectives were extremely valuable.