Asked by: Lilian Greenwood (Labour - Nottingham South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Government Response to the Twenty-first Report of the Joint Committee on Human Rights of Session 2017-19, Proposal for a draft Fatal Accidents Act 1976 (Remedial) Order 2019, HC 2225, what progress has been made on extending eligibility for bereavement damages under Section 1A of the Fatal Accidents Act 1976 to fathers of illegitimate children.
Answered by Edward Argar
The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Changes to extend availability to other family members (including fathers of illegitimate children) whose relationship to the deceased person may be less close may require a fundamentally different approach which would permit enquiries into the nature of the relationship in individual cases. This could lead in some cases to intrusive and upsetting investigation of the claimant’s relationship with the deceased person and could also increase the cost and complexity of the proceedings.
The context is important - bereavement damages are widely recognised and accepted as a fixed payment in acknowledgment of grief and are in no way intended to try to reflect the value of the life lost in monetary terms. They are only one element of the damages that may be awarded in a particular case, which for example can also include damages for dependency.
The statutory sum for bereavement damages was increased in 2020 (to £15,120).
Asked by: Lilian Greenwood (Labour - Nottingham South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to take steps to increase the statutory amount of bereavement damages in Section 1A of the Fatal Accidents Act 1976.
Answered by Edward Argar
The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Changes to extend availability to other family members (including fathers of illegitimate children) whose relationship to the deceased person may be less close may require a fundamentally different approach which would permit enquiries into the nature of the relationship in individual cases. This could lead in some cases to intrusive and upsetting investigation of the claimant’s relationship with the deceased person and could also increase the cost and complexity of the proceedings.
The context is important - bereavement damages are widely recognised and accepted as a fixed payment in acknowledgment of grief and are in no way intended to try to reflect the value of the life lost in monetary terms. They are only one element of the damages that may be awarded in a particular case, which for example can also include damages for dependency.
The statutory sum for bereavement damages was increased in 2020 (to £15,120).
Asked by: Lilian Greenwood (Labour - Nottingham South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, for what reason fathers of illegitimate children are not eligible for bereavement damages under Section 1A of the Fatal Accidents Act 1976.
Answered by Edward Argar
The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.
Changes to extend availability to other family members (including fathers of illegitimate children) whose relationship to the deceased person may be less close may require a fundamentally different approach which would permit enquiries into the nature of the relationship in individual cases. This could lead in some cases to intrusive and upsetting investigation of the claimant’s relationship with the deceased person and could also increase the cost and complexity of the proceedings.
The context is important - bereavement damages are widely recognised and accepted as a fixed payment in acknowledgment of grief and are in no way intended to try to reflect the value of the life lost in monetary terms. They are only one element of the damages that may be awarded in a particular case, which for example can also include damages for dependency.
The statutory sum for bereavement damages was increased in 2020 (to £15,120).
Asked by: Lilian Greenwood (Labour - Nottingham South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking with the Forced Marriage Unit to prepare healthcare practitioners for the Marriage and Civil Partnership (Minimum Age) Act 2022 coming into force in March 2023.
Answered by Gareth Johnson
On 28 April 2022, the Marriage and Civil Partnership (Minimum Age) Act 2022 received Royal Assent and will come into force on 27 February 2023.
We are working with all relevant government departments and bodies impacted by the Act to ensure that appropriate guidance is in place for all relevant practitioners ahead of implementation.
Asked by: Lilian Greenwood (Labour - Nottingham South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether Clause 164 of the Police, Crime, Sentencing and Courts Bill would allow deaf people who need Speech to Text Reporting within the deliberation room to undertake jury service.
Answered by Chris Philp - Shadow Home Secretary
Individuals with hearing impairments currently have access to Induction Loop Systems and those who are able to lip read can and do serve as jurors. They also have access to shorthand writers who transcribe the proceedings in court. While Speech to Text Reporters (STTR) may be suitable for transcribing court proceedings, they are not considered an effective option to enable jurors to converse and engage with other jurors and fully participate in deliberations.
Clause 164 in the Police, Crime, Sentencing and Courts Bill has therefore been drafted to enable only British Sign Language (BSL) interpreters to be present in the jury deliberation room. We have also considered speech to text transcription using AI technology as an additional support which would not require a change in the law. However, the technology is not yet sufficiently advanced to accurately transcribe a real time written account of jury deliberations and enable a deaf juror to fully engage in discussions. We will continue to keep this under review as the technology develops.
Asked by: Lilian Greenwood (Labour - Nottingham South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what adjustments do HM Courts and Tribunal Service offer to deaf jurors who need speech to text reporting within a deliberation room.
Answered by Chris Philp - Shadow Home Secretary
Individuals with hearing impairments currently have access to Induction Loop Systems and those who are able to lip read can and do serve as jurors. They also have access to shorthand writers who transcribe the proceedings in court. While Speech to Text Reporters (STTR) may be suitable for transcribing court proceedings, they are not considered an effective option to enable jurors to converse and engage with other jurors and fully participate in deliberations.
Clause 164 in the Police, Crime, Sentencing and Courts Bill has therefore been drafted to enable only British Sign Language (BSL) interpreters to be present in the jury deliberation room. We have also considered speech to text transcription using AI technology as an additional support which would not require a change in the law. However, the technology is not yet sufficiently advanced to accurately transcribe a real time written account of jury deliberations and enable a deaf juror to fully engage in discussions. We will continue to keep this under review as the technology develops.