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Written Question
Ministry of Justice: EU Law
Monday 23rd January 2017

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, which EU directives relating to her Department's responsibilities are awaiting transposition into UK law.

Answered by Oliver Heald

There are no EU directives relating to Ministry of Justice responsibilities that are awaiting transposition into UK law.


Written Question
HM Courts and Tribunals Service
Tuesday 19th April 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what guidance he has issued to HM Courts and Tribunals Service on minimum standards for keeping appellants updated of future court dates and waiting times for those dates.

Answered by Shailesh Vara

Tribunal Procedure Rules require HMCTS to notify appellants of their hearing date, time and place upon listing. If there is any change to a hearing date, such as a postponement or adjournment, HMCTS issues a further notice in writing to confirm the change. If an appellant has any questions or concerns about their hearing date they can contact the Tribunal via the HMCTS Contact Centre.


Written Question
Immigration: Appeals
Tuesday 19th April 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what monitoring his Department undertakes of waiting times for immigration appeal hearings.

Answered by Shailesh Vara

HMCTS regularly monitors waiting times for immigration and asylum appeal hearings across the UK. They are considered monthly by the HMCTS Board and the Ministry of Justice Executive Committee. Tribunal Statistics, including average waiting times for appeals, are published quarterly by the Ministry of Justice. These can be viewed at: https://www.gov.uk/government/collections/tribunals-statistics


Written Question
Immigration: Appeals
Tuesday 19th April 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what the average waiting time was for an immigration appeal hearing in HM Courts and Tribunal service in each of the last five years.

Answered by Shailesh Vara

The average waiting time (in weeks) from receipt of an appeal to first hearing for all case types in the First-tier Tribunal (Immigration and Asylum Chamber) in each of the last five calendar years was:

  • 14 in 2011;
  • 14 in 2012;
  • 20 in 2013;
  • 25 in 2014; and
  • 24 in 2015.

Written Question
Tribunals: Scotland
Wednesday 10th February 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 2 February 2016 to Question 24107, on tribunals: Scotland, how many people whose data was breached were making an appeal in respect of personal independence payment; and how many such people had their appeal upheld.

Answered by Shailesh Vara

The table below shows the number of non-devolved tribunals there were in Scotland between April 2013 to March 2014 and April 2014 and March 2015.

Tribunal Disposals in Scotland 2013-2014 and 2014-2015

Year

2013-2014

2014-2015

Social Security and Child Support

59,984

15,450

Immigration and Asylum (First-tier)

3,580

2,637

Immigration and Asylum (Upper Tribunal)

275

299

Employment

22,098

14,767

Employment Appeals Tribunal

44

37

Administrative Appeals Chamber (Upper Tribunal)

1,229

868

Tax 1

-

-

General Regulatory Chamber 2

-

-

Criminal Injuries Compensation 3

-

148

Tax (Upper Tribunal) 4

-

-

1) Disposals only held at UK level

2) Disposals only held at UK level, but hearings are recorded in Scotland, 5 in 2013-2014 and 6 in 2014-2015

3) Disposals only recorded for Scotland since August 2014.

4) Disposals only held at UK level, but hearings are recorded in Scotland, 13 in 2013-2014 and 3 in 2014-2015

HM Courts & Tribunals Service does not hold the information requested in central records of data breaches.


Written Question
Tribunals: Scotland
Wednesday 10th February 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many non-devolved tribunals there were in Scotland HM Courts and Tribunals Service between (a) April 2013 and March 2014 and (b) April 2014 and March 2015.

Answered by Shailesh Vara

The table below shows the number of non-devolved tribunals there were in Scotland between April 2013 to March 2014 and April 2014 and March 2015.

Tribunal Disposals in Scotland 2013-2014 and 2014-2015

Year

2013-2014

2014-2015

Social Security and Child Support

59,984

15,450

Immigration and Asylum (First-tier)

3,580

2,637

Immigration and Asylum (Upper Tribunal)

275

299

Employment

22,098

14,767

Employment Appeals Tribunal

44

37

Administrative Appeals Chamber (Upper Tribunal)

1,229

868

Tax 1

-

-

General Regulatory Chamber 2

-

-

Criminal Injuries Compensation 3

-

148

Tax (Upper Tribunal) 4

-

-

1) Disposals only held at UK level

2) Disposals only held at UK level, but hearings are recorded in Scotland, 5 in 2013-2014 and 6 in 2014-2015

3) Disposals only recorded for Scotland since August 2014.

4) Disposals only held at UK level, but hearings are recorded in Scotland, 13 in 2013-2014 and 3 in 2014-2015

HM Courts & Tribunals Service does not hold the information requested in central records of data breaches.


Written Question
Tribunals: Scotland
Wednesday 10th February 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 2 February 2016 to Question 24107 on tribunals: Scotland, how many of those people whose data was breached were made aware that that breach had occurred.

Answered by Shailesh Vara

Her Majesty's Courts & Tribunals Service takes its responsibility for data incidents very seriously and treats each case on its individual merits. Notifying individuals of data breaches or incidents is considered, but is not a mandatory action in every instance.

Informing people and organisations about a breach is not an end in itself. Notification should have a clear purpose, whether this is to enable individuals who may have been affected to take steps to protect themselves or to allow the appropriate regulatory bodies to perform their functions, provide advice and deal with complaints.

The above criteria is considered when deciding whether or not to inform individuals or organisations of a data breach. In relation to the incidents referred to in this PQ it is unclear, as no statistical information has been retained, as to whether or not individuals were notified.

Guidance on data breach notification is set out by the Information Commissioners Office (ICO) in the link below:

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-7-security/


Written Question
Tribunals: Scotland
Wednesday 10th February 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 2 February 2016 to Question 24107 on tribunals: Scotland, how many of those people whose data was breached were not made aware that that breach had occurred.

Answered by Shailesh Vara

Her Majesty's Courts & Tribunals Service takes its responsibility for data incidents very seriously and treats each case on its individual merits. Notifying individuals of data breaches or incidents is considered, but is not a mandatory action in every instance.

Informing people and organisations about a breach is not an end in itself. Notification should have a clear purpose, whether this is to enable individuals who may have been affected to take steps to protect themselves or to allow the appropriate regulatory bodies to perform their functions, provide advice and deal with complaints.

The above criteria is considered when deciding whether or not to inform individuals or organisations of a data breach. In relation to the incidents referred to in this PQ it is unclear, as no statistical information has been retained, as to whether or not individuals were notified.

Guidance on data breach notification is set out by the Information Commissioners Office (ICO) in the link below:

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-7-security/


Written Question
Tribunals: Scotland
Wednesday 10th February 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 2 February 2016 to Question 24107, on tribunals: Scotland, if he will estimate how many of the people whose data was breached in incidents related to non-devolved tribunals were assessed as vulnerable.

Answered by Shailesh Vara

The table below shows the number of non-devolved tribunals there were in Scotland between April 2013 to March 2014 and April 2014 and March 2015.

Tribunal Disposals in Scotland 2013-2014 and 2014-2015

Year

2013-2014

2014-2015

Social Security and Child Support

59,984

15,450

Immigration and Asylum (First-tier)

3,580

2,637

Immigration and Asylum (Upper Tribunal)

275

299

Employment

22,098

14,767

Employment Appeals Tribunal

44

37

Administrative Appeals Chamber (Upper Tribunal)

1,229

868

Tax 1

-

-

General Regulatory Chamber 2

-

-

Criminal Injuries Compensation 3

-

148

Tax (Upper Tribunal) 4

-

-

1) Disposals only held at UK level

2) Disposals only held at UK level, but hearings are recorded in Scotland, 5 in 2013-2014 and 6 in 2014-2015

3) Disposals only recorded for Scotland since August 2014.

4) Disposals only held at UK level, but hearings are recorded in Scotland, 13 in 2013-2014 and 3 in 2014-2015

HM Courts & Tribunals Service does not hold the information requested in central records of data breaches.


Written Question
Tribunals: Scotland
Tuesday 2nd February 2016

Asked by: Kirsty Blackman (Scottish National Party - Aberdeen North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many data protection breaches there have been by HM Courts and Tribunals Service when dealing with non-devolved tribunals in Scotland since April 2013.

Answered by Shailesh Vara

Below are the reported data incidents figures of non-devolved tribunals in Scotland since April 2013:

April 2013 – March 2014 64 reported incidents

April 2014 – March 2015 65 reported incidents

HMCTS staff are mandated to complete annual information assurance training, which includes actions to take in respect of a data protection breach or data incident.