Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to ensure that institutions and organisations in (a) England and (b) Wales are aware of the legal status of Scottish Powers of Attorney.
Answered by Mike Freer
Scottish powers of attorney are already recognised and have effect as a matter of law in England and Wales. The Government is currently supporting the Powers of Attorney Bill, which facilitates modernisation of the process for making and registering lasting powers of attorney (LPA) in England and Wales. Modernising this service will require engagement with third party organisations. This provides an opportunity to raise awareness of the importance of recognising LPAs and equivalent documents from Scotland, including how these documents can be recognised, and the appropriate authority to contact if further confirmation is needed.
I recently wrote to Patrick Grady MP on this issue as it came up during the passage of the Power of Attorney Bill. A copy of this letter will be available to read in the House library shortly and contains further relevant information.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Answers of 15 February 2022 to Questions 119629 and 119630, what recent discussions he has had with the Northern Ireland Administration on the potential impact of clauses 3(2) and 3(3)(a) of the Bill of Rights Bill on the legal recognition of humanist marriages in Northern Ireland.
Answered by Sarah Dines
As is the case whenever a new government is formed, we are now looking again at the Bill of Rights to ensure that it meets the government’s objectives.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the judgments in A (Surrogacy: s.54 Criteria) [2020] EWHC 1426 and X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 and the Answer of 15 February 2022 to Question 119632 on Surrogacy: Human Rights, what assessment he has made of the impact of clauses 3(2) and 3(3)(a) of the Bill of Rights Bill on foreseen changes in the circumstances of the intended parents of a child who was born as a result of surrogacy arrangements.
Answered by Sarah Dines
As is the case whenever a new government is formed, we are now looking again at the Bill of Rights to ensure that it meets the government’s objectives.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the judgment in Hand v George [2017] EWHC 533 and the Answer of 15 February 2022 to Question 119633 on Succession: Adoption, what assessment has been made of the potential impact of clauses 3(2) and 3(3)(a) of the Bill of Rights Bill on the entitlement of adoptive children to equal inheritance rights in wills made before 1976.
Answered by Sarah Dines
As is the case whenever a new government is formed, we are now looking again at the Bill of Rights to ensure that it meets the government’s objectives.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the judgment in Blackburn (t/a Cornish Moorland Honey) v Revenue and Customs Commissioners [2013] UKFTT 525 and the Answer of 15 February 2022 to Question 119634 on Religious Freedom: Telecommunications, what assessment has been made of the potential effect of clauses 3(2) and 3(3)(a) of the Bill of Rights Bill on the protection offered to persons with a religious conviction against the use of electronic communication; and if he will make a statement.
Answered by Sarah Dines
As is the case whenever a new government is formed, we are now looking again at the Bill of Rights to ensure that it meets the government’s objectives.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the judgment in Blackburn (t/a Cornish Moorland Honey) v Revenue and Customs Commissioners [2013] UKFTT 525, what recent assessment he has made of the potential effect of the proposed reforms to sections 3 and 6 of the Human Rights Act on the protection offered to persons with a religious conviction against the use of electronic communication.
Answered by James Cartlidge - Shadow Secretary of State for Defence
In December, the Deputy Prime Minister announced that the Government is consulting on proposals to overhaul and replace the Human Rights Act (HRA) with a Bill of Rights. The consultation process is ongoing and we are carefully considering the impact of proposed policies on the legislative framework and legal systems of each devolved nation within the UK. Engagement with stakeholders, including in the devolved administrations, is underway and roundtable events with religious, humanist and secularist groups are planned. In line with our manifesto commitment, we want to ensure there is a proper balance between the rights of individuals, our national security and effective government.