Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate he has made of the cost of tackling radon gas at Dartmoor Prison.
Answered by Edward Argar
HMP Dartmoor is an historic prison, constructed in 1809 which received Grade 2 heritage listing in 1987, and so is a complex suite of buildings that need to be fully understood to ensure any mitigation action taken to manage the presence of radon gas will be effective.
It is important to ensure the correct investigations are undertaken now, so the solutions developed are the most effective and best value option, whilst ensuring the custodial capacity is optimised in a safe and secure manner. It would be remiss to implement solutions without ensuring they are effective. It is anticipated that a costed programme will be available later this year.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he expects radon gas testing to be completed at Dartmoor prison; and what assurances he has been given that there are no safety concerns for the staff and prisoners who remain on site.
Answered by Edward Argar
HMP Dartmoor is currently operating at a reduced capacity due to the presence of radon gas in accommodation areas. This is a temporary measure while work to permanently reduce radon levels is completed.
The prison will return to its full operational capacity at the earliest possible opportunity following the completion of remedial works to ensure that the accommodation can be safely occupied. A design solution for the remedial works is currently being designed and tested.
The health and safety of staff and prisoners remains a top priority for the Department. Testing across all residential areas continues and prisoners have been removed from accommodation where readings were returned at above actionable levels. At all times, the safety and wellbeing of staff and prisoners will be at the heart of our decision making and we are guided by experts in this area. There are no adverse safety implications to staff or prisoners who remain on the site.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent estimate he has made of when HMP Dartmoor will return to its full operational capacity following the detection of radon gas in that prison.
Answered by Edward Argar
HMP Dartmoor is currently operating at a reduced capacity due to the presence of radon gas in accommodation areas. This is a temporary measure while work to permanently reduce radon levels is completed.
The prison will return to its full operational capacity at the earliest possible opportunity following the completion of remedial works to ensure that the accommodation can be safely occupied. A design solution for the remedial works is currently being designed and tested.
The health and safety of staff and prisoners remains a top priority for the Department. Testing across all residential areas continues and prisoners have been removed from accommodation where readings were returned at above actionable levels. At all times, the safety and wellbeing of staff and prisoners will be at the heart of our decision making and we are guided by experts in this area. There are no adverse safety implications to staff or prisoners who remain on the site.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department is taking steps to increase the legal (a) aid and (b) advice provision for individuals with (i) immigration and (ii) refugee law queries in (A) Plymouth and (B) the South West.
Answered by Mike Freer
Legal aid is available for immigration and asylum cases, including those involving victims of domestic abuse and modern slavery, for separated migrant children, and for cases where someone is challenging a detention decision.
Earlier in November, the Legal Aid Agency published a list of immigration legal services providers that are willing and able to provide remote advice to clients in the South West of England; the list is available at https://www.gov.uk/government/publications/immigration-providers-south-west-support-directory.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole across eleven categories (including immigration) so that it can operate sustainably in the long-term; the Review’s final report is expected in March 2024. When the Illegal Migration Act 2023 is implemented, individuals who receive a removal notice under the IMA will have access to free legal advice in relation to that notice.
Section 27(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allows the Lord Chancellor to make arrangements for legal services to be provided by telephone or by other electronic means. Whether legal advice in a particular case is delivered remotely or in-person is down to the discretion of the legal provider. As set out in the Government’s response of 28 September 2023 to the consultation on legal aid fees for IMA work, which included an equality impact assessment (https://www.gov.uk/government/consultations/legal-aid-fees-in-the-illegal-migration-bill/outcome/legal-aid-fees-in-the-illegal-migration-act-government-response), a great deal of legal advice is already provided “remotely”, largely by telephone. The Government intends to allow advice to be provided remotely at Detained Duty Advice Scheme surgeries for those detained at Immigration Removal Centres. The Government acknowledges and agrees with stakeholder feedback on the need for some clients to continue to be seen face-to-face. Accordingly, conducting remote advice will be enabled at provider discretion, thus ensuring the continuation of appropriate decisions on the delivery of advice in relation to vulnerable clients.
The Department does not have data on how the advice is ultimately provided to the clients (whether face-to-face or remotely) because the decision on how to provide the service is at the discretion of the service providers, taking into account the best interests of the client. Data on the number of legal aid matters started on immigration and asylum is publicly available as part of the quarterly legal aid statistics (see tables 5.1 and 6.2 in the tables published at https://www.gov.uk/government/statistics/legal-aid-statistics-april-to-june-2023). Under the Immigration and Asylum Act 1999, all immigration advisers must be registered with the Office of the Immigration Services Commissioner (OISC) or be regulated by a Designated Qualifying Regulator (DQR). The OISC and the DQRs are responsible for ensuring immigration advisers are fit, competent, and act in their clients’ best interests. In relation to work funded under legal aid, the “Standard Civil Contract 2018: Immigration and Asylum Specification” includes a number of measures to ensure immigration and asylum advice is only provided by caseworkers who hold appropriate accreditation.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the adequacy of the remote provision of immigration and asylum advice; and whether he has carried out an Equality Impact Assessment on the remote provision of such advice.
Answered by Mike Freer
Legal aid is available for immigration and asylum cases, including those involving victims of domestic abuse and modern slavery, for separated migrant children, and for cases where someone is challenging a detention decision.
Earlier in November, the Legal Aid Agency published a list of immigration legal services providers that are willing and able to provide remote advice to clients in the South West of England; the list is available at https://www.gov.uk/government/publications/immigration-providers-south-west-support-directory.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole across eleven categories (including immigration) so that it can operate sustainably in the long-term; the Review’s final report is expected in March 2024. When the Illegal Migration Act 2023 is implemented, individuals who receive a removal notice under the IMA will have access to free legal advice in relation to that notice.
Section 27(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allows the Lord Chancellor to make arrangements for legal services to be provided by telephone or by other electronic means. Whether legal advice in a particular case is delivered remotely or in-person is down to the discretion of the legal provider. As set out in the Government’s response of 28 September 2023 to the consultation on legal aid fees for IMA work, which included an equality impact assessment (https://www.gov.uk/government/consultations/legal-aid-fees-in-the-illegal-migration-bill/outcome/legal-aid-fees-in-the-illegal-migration-act-government-response), a great deal of legal advice is already provided “remotely”, largely by telephone. The Government intends to allow advice to be provided remotely at Detained Duty Advice Scheme surgeries for those detained at Immigration Removal Centres. The Government acknowledges and agrees with stakeholder feedback on the need for some clients to continue to be seen face-to-face. Accordingly, conducting remote advice will be enabled at provider discretion, thus ensuring the continuation of appropriate decisions on the delivery of advice in relation to vulnerable clients.
The Department does not have data on how the advice is ultimately provided to the clients (whether face-to-face or remotely) because the decision on how to provide the service is at the discretion of the service providers, taking into account the best interests of the client. Data on the number of legal aid matters started on immigration and asylum is publicly available as part of the quarterly legal aid statistics (see tables 5.1 and 6.2 in the tables published at https://www.gov.uk/government/statistics/legal-aid-statistics-april-to-june-2023). Under the Immigration and Asylum Act 1999, all immigration advisers must be registered with the Office of the Immigration Services Commissioner (OISC) or be regulated by a Designated Qualifying Regulator (DQR). The OISC and the DQRs are responsible for ensuring immigration advisers are fit, competent, and act in their clients’ best interests. In relation to work funded under legal aid, the “Standard Civil Contract 2018: Immigration and Asylum Specification” includes a number of measures to ensure immigration and asylum advice is only provided by caseworkers who hold appropriate accreditation.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate his Department has made of the proportion of asylum seekers who have had access to confidential remote legal advice in the last 12 months.
Answered by Mike Freer
Legal aid is available for immigration and asylum cases, including those involving victims of domestic abuse and modern slavery, for separated migrant children, and for cases where someone is challenging a detention decision.
Earlier in November, the Legal Aid Agency published a list of immigration legal services providers that are willing and able to provide remote advice to clients in the South West of England; the list is available at https://www.gov.uk/government/publications/immigration-providers-south-west-support-directory.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole across eleven categories (including immigration) so that it can operate sustainably in the long-term; the Review’s final report is expected in March 2024. When the Illegal Migration Act 2023 is implemented, individuals who receive a removal notice under the IMA will have access to free legal advice in relation to that notice.
Section 27(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allows the Lord Chancellor to make arrangements for legal services to be provided by telephone or by other electronic means. Whether legal advice in a particular case is delivered remotely or in-person is down to the discretion of the legal provider. As set out in the Government’s response of 28 September 2023 to the consultation on legal aid fees for IMA work, which included an equality impact assessment (https://www.gov.uk/government/consultations/legal-aid-fees-in-the-illegal-migration-bill/outcome/legal-aid-fees-in-the-illegal-migration-act-government-response), a great deal of legal advice is already provided “remotely”, largely by telephone. The Government intends to allow advice to be provided remotely at Detained Duty Advice Scheme surgeries for those detained at Immigration Removal Centres. The Government acknowledges and agrees with stakeholder feedback on the need for some clients to continue to be seen face-to-face. Accordingly, conducting remote advice will be enabled at provider discretion, thus ensuring the continuation of appropriate decisions on the delivery of advice in relation to vulnerable clients.
The Department does not have data on how the advice is ultimately provided to the clients (whether face-to-face or remotely) because the decision on how to provide the service is at the discretion of the service providers, taking into account the best interests of the client. Data on the number of legal aid matters started on immigration and asylum is publicly available as part of the quarterly legal aid statistics (see tables 5.1 and 6.2 in the tables published at https://www.gov.uk/government/statistics/legal-aid-statistics-april-to-june-2023). Under the Immigration and Asylum Act 1999, all immigration advisers must be registered with the Office of the Immigration Services Commissioner (OISC) or be regulated by a Designated Qualifying Regulator (DQR). The OISC and the DQRs are responsible for ensuring immigration advisers are fit, competent, and act in their clients’ best interests. In relation to work funded under legal aid, the “Standard Civil Contract 2018: Immigration and Asylum Specification” includes a number of measures to ensure immigration and asylum advice is only provided by caseworkers who hold appropriate accreditation.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the adequacy of remote advice provision in asylum seeker accommodation sites.
Answered by Mike Freer
Legal aid is available for immigration and asylum cases, including those involving victims of domestic abuse and modern slavery, for separated migrant children, and for cases where someone is challenging a detention decision.
Earlier in November, the Legal Aid Agency published a list of immigration legal services providers that are willing and able to provide remote advice to clients in the South West of England; the list is available at https://www.gov.uk/government/publications/immigration-providers-south-west-support-directory.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole across eleven categories (including immigration) so that it can operate sustainably in the long-term; the Review’s final report is expected in March 2024. When the Illegal Migration Act 2023 is implemented, individuals who receive a removal notice under the IMA will have access to free legal advice in relation to that notice.
Section 27(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allows the Lord Chancellor to make arrangements for legal services to be provided by telephone or by other electronic means. Whether legal advice in a particular case is delivered remotely or in-person is down to the discretion of the legal provider. As set out in the Government’s response of 28 September 2023 to the consultation on legal aid fees for IMA work, which included an equality impact assessment (https://www.gov.uk/government/consultations/legal-aid-fees-in-the-illegal-migration-bill/outcome/legal-aid-fees-in-the-illegal-migration-act-government-response), a great deal of legal advice is already provided “remotely”, largely by telephone. The Government intends to allow advice to be provided remotely at Detained Duty Advice Scheme surgeries for those detained at Immigration Removal Centres. The Government acknowledges and agrees with stakeholder feedback on the need for some clients to continue to be seen face-to-face. Accordingly, conducting remote advice will be enabled at provider discretion, thus ensuring the continuation of appropriate decisions on the delivery of advice in relation to vulnerable clients.
The Department does not have data on how the advice is ultimately provided to the clients (whether face-to-face or remotely) because the decision on how to provide the service is at the discretion of the service providers, taking into account the best interests of the client. Data on the number of legal aid matters started on immigration and asylum is publicly available as part of the quarterly legal aid statistics (see tables 5.1 and 6.2 in the tables published at https://www.gov.uk/government/statistics/legal-aid-statistics-april-to-june-2023). Under the Immigration and Asylum Act 1999, all immigration advisers must be registered with the Office of the Immigration Services Commissioner (OISC) or be regulated by a Designated Qualifying Regulator (DQR). The OISC and the DQRs are responsible for ensuring immigration advisers are fit, competent, and act in their clients’ best interests. In relation to work funded under legal aid, the “Standard Civil Contract 2018: Immigration and Asylum Specification” includes a number of measures to ensure immigration and asylum advice is only provided by caseworkers who hold appropriate accreditation.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an estimate of the number of school children that have a parent in prison.
Answered by Damian Hinds
The Ministry of Justice’s most comprehensive estimate suggests over the course of a year, approximately 200,000 children may be affected by a parent being in or going to prison. This estimate is based on 2009 survey data.
The Prisons Strategy White Paper includes a commitment to improve the quality of the data collected on children impacted by parental imprisonment. We will deliver this commitment through our Better Outcomes through Linked Data (BOLD) Programme. BOLD is a cross government project which will link data to enable better evidenced and more joined up cross government services.
Through BOLD, we will explore data sharing to improve our understanding of the number of children with parents in prison. Changes have also been made to the Basic Custody Screening Tool to enable us to collect data on entry to prison about how many primary carers are in custody and how many children under the age of 18 are affected by their imprisonment. The learning from the data collected will be incorporated into findings from the BOLD programme, which will be delivered by March 2024.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of potential merits of introducing a requirement for coroners to inform universities of the death of a student enrolled on a course.
Answered by Mike Freer
Every student death is a tragedy. Where a student’s death is investigated by the coroner, it may be appropriate for the higher education provider to have “interested person” status in the investigation and, where this is the case, would be provided with the Record of Inquest which includes the cause of death. Inquest hearings are public and open for anyone to attend.
In addition, coroners have a statutory duty to issue a report to prevent future deaths (a PFD report) where they consider that an investigation has identified circumstances which should be addressed to prevent or reduce the risk of future deaths. The report must be made to a person or organisation whom the coroner believes could have the power to take action, which may include higher education providers, and recipients are obliged by law to respond.
As coroners are independent judicial office holders, the way in which they conduct their investigations is entirely a matter for them. It would therefore be inappropriate to impose a duty on them to provide information to higher education providers in relation to individual student suicide cases. Moreover, coronial investigations are limited fact-finding exercises, and it cannot be guaranteed that consistent and comprehensive information on a deceased person’s background will be made available to the coroner in every case.
The Government expects all higher education providers to take suicide prevention very seriously, providing information with place for students to find help, actively identifying students at risk, and intervening with swift support when needed. Where a tragedy does occur, this must be treated with the utmost sensitivity by a provider. This approach to suicide prevention is set out in the Suicide Safer Universities framework, led by Universities UK and Papyrus and supported by Government. Supporting mental health and ensuring action is taken to prevent future tragedies is a high priority for Government. That is why we have targeted funding at mental health support measure including, partnerships between higher education providers and NHS services to provide better pathways of care for university students.
Asked by: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to install solar panels on the roof of Plymouth Magistrates Court.
Answered by James Cartlidge - Shadow Secretary of State for Defence
There are currently no plans to install solar panels on the roof of Plymouth Magistrates Court.