Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what safeguards his Department has in place within the County Court system to help ensure that the names of parties to court cases are accurately recorded and are updated if a person's name is changed, including following a divorce, during the course of court proceedings.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
It is the responsibility of the parties involved in court proceedings to ensure that the court is informed of the correct names of the parties, as well as any change of name during proceedings.
Most applications issued using the digital services of HMCTS automatically update the courts’ case management system with the names provided by the applicant. Whilst paper applications will usually require manual data entry by HMCTS, management checks are undertaken on sample of cases to ensure that case records accurately reflect the information provided on the application form.
In a divorce case further checks are also carried out at the decree nisi/conditional order and decree absolute/final order stage as a final check before the divorce is legally granted.
Throughout court proceedings any party can inform the court of a change of name or request a correction if an error has been made.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to support prison leavers find employment.
Answered by Damian Hinds - Minister of State (Education)
There is evidence that prison leavers who get a job within a year after release are up to nine per cent less likely to re-offend than those who do not.
We have put in place a series of measures to give prisoners the chance to work while in prison, while released on temporary licence, and following release. Dedicated Prison Employment Leads will identify candidates and match them to jobs. They will also oversee our new Employment Hubs, where prisoners can access support with job applications.
Building strong links with employers is a key part of the steps we are taking. We are working with James Timpson to roll out Employment Advisory Boards, which will link prisons with industry, so that local businesses can provide challenge and advice on the training prisoners can be given in prison to meet the needs of the local labour market.
We are on track to roll out Prison Employment Leads, Employment Hubs and Employment Advisory Boards across all 92 resettlement prisons by April 2023.
We have recently changed the law so that prisoners can become apprentices. The first prisoner apprentices started on 30 September and employers recruiting prisoner apprentices include construction firm Kier Group.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the impact of unemployment on re-offending rates.
Answered by Damian Hinds - Minister of State (Education)
There is evidence that prison leavers who get a job within a year after release are up to nine per cent less likely to re-offend than those who do not.
We have put in place a series of measures to give prisoners the chance to work while in prison, while released on temporary licence, and following release. Dedicated Prison Employment Leads will identify candidates and match them to jobs. They will also oversee our new Employment Hubs, where prisoners can access support with job applications.
Building strong links with employers is a key part of the steps we are taking. We are working with James Timpson to roll out Employment Advisory Boards, which will link prisons with industry, so that local businesses can provide challenge and advice on the training prisoners can be given in prison to meet the needs of the local labour market.
We are on track to roll out Prison Employment Leads, Employment Hubs and Employment Advisory Boards across all 92 resettlement prisons by April 2023.
We have recently changed the law so that prisoners can become apprentices. The first prisoner apprentices started on 30 September and employers recruiting prisoner apprentices include construction firm Kier Group.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential impact waiting times for investigations to be made by the Birmingham and Solihull Coroner Service on people with religious obligations to conduct burials within a particular timeframe.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Coroner Statistics for the Birmingham and Solihull coroner area show that, in 2020, the average time from a death being reported to the conclusion of the inquest was 10 weeks. This was a decrease from 14 weeks in 2019 and 12 weeks in 2018, and below the 2020 average of 27 weeks in England and Wales. Statistics for 2021 will be published next month.
We recognise that delays in the inquest process may cause additional anguish and distress for the relatives and friends of the deceased. It is a matter for coroners, as independent judicial office holders, to determine how their investigations are carried out. However, we expect that they will continue to work sensitively with bereaved families to address any faith-based concerns.
The Chief Coroner has issued practical Guidance for coroners on situations where a bereaved family has requested urgent consideration of the death of a loved one, which may also include a request for early release of the body; or where the coroner or coroner’s officers become aware that a particular death may have aspects which justify especially urgent consideration. This may include consideration on the basis of religious obligations. The guidance says that coroners should pay appropriate respect to those wishes, within the framework of their legal duties and in the context of their other responsibilities.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent estimate he has made of waiting times for investigations to be made by the Birmingham and Solihull Coroner Service.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Coroner Statistics for the Birmingham and Solihull coroner area show that, in 2020, the average time from a death being reported to the conclusion of the inquest was 10 weeks. This was a decrease from 14 weeks in 2019 and 12 weeks in 2018, and below the 2020 average of 27 weeks in England and Wales. Statistics for 2021 will be published next month.
We recognise that delays in the inquest process may cause additional anguish and distress for the relatives and friends of the deceased. It is a matter for coroners, as independent judicial office holders, to determine how their investigations are carried out. However, we expect that they will continue to work sensitively with bereaved families to address any faith-based concerns.
The Chief Coroner has issued practical Guidance for coroners on situations where a bereaved family has requested urgent consideration of the death of a loved one, which may also include a request for early release of the body; or where the coroner or coroner’s officers become aware that a particular death may have aspects which justify especially urgent consideration. This may include consideration on the basis of religious obligations. The guidance says that coroners should pay appropriate respect to those wishes, within the framework of their legal duties and in the context of their other responsibilities.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been prosecuted for drink spiking-related offences in the West Midlands in the last three years.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Ministry of Justice publishes information on the number of defendants prosecuted for a wide range of offences up to the end of December 2020, in our ‘Principal offence proceedings and outcomes by Home Office offence code data tool’, here:
These offence codes relate to the following detailed offences:
- 08805 - Administer substance with intent to stupefy or overpower to engage in sexual activity
- 00505 - Using chloroform, etc., to commit or assist in committing an indictable offence
- 00510 - Endangering life or causing harm by administering poison
- 00802 - Administering poison with intent to injure or annoy
The number of defendants prosecuted will populate row 32.
It is important to note that these offences will include a broader range of offences than just drink spiking, and that drink spiking offences may be included as a subset of another offence not listed above.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to help ensure that domestic abuse victims have access to a McKenzie friend in courts.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Government is clear that victims of domestic abuse must have access to the help that they need, which is why legal aid is available for domestic abuse victims in private family law proceedings. This is subject to the statutory means and merits test and evidence requirements. Where domestic abuse victims are litigants in person in private family law proceedings, they have the right to have reasonable assistance from a layperson called a McKenzie Friend. This is subject to the litigant having received permission from the court for the McKenzie Friend to do so at the start of a hearing. The judge should give this permission unless the judge is satisfied that fairness and the interests of justice do not so require.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether financial support is available for victims of domestic abuse who do not qualify for legal aid to obtain court representation; and if he will make a statement.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
On 15 March the MoJ published a consultation on proposed changes to the means test for civil legal aid, to ensure access to justice. Under the plans, domestic abuse victims would benefit from a more generous means test, including significant increases to income and capital thresholds. In addition, when applying for legal aid for a dispute about an asset, that asset will not be included in the means assessment, making it fairer for domestic abuse victims contesting a property who cannot use their equity to fund the legal proceedings. These changes will significantly widen access to legal aid for victims and will make any contributions more affordable.
More broadly, in 2020 we launched a new £3m grant to enhance support for litigants in person with civil, family and tribunals problems, which is working with more than 50 not-for-profit organisations across England and Wales. This is in addition to the close to £9m the MoJ has invested in supporting litigants in person since 2015. Across 2020/21 and 2021/22 the MoJ also provided £1.6m funding to the Finding Legal Options for Women Survivors (FLOWS) project, run by RCJ Advice, which provides free legal support to victims of domestic abuse who wish to apply for an emergency protective order from the courts.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the Government provides support financial support to victims of domestic abuse who (a) cannot access shared equity assets and (b) are not eligible for legal aid.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
On 15 March the MoJ published a consultation on proposed changes to the means test for civil legal aid, to ensure access to justice. Under the plans, domestic abuse victims would benefit from a more generous means test, including significant increases to income and capital thresholds. In addition, when applying for legal aid for a dispute about an asset, that asset will not be included in the means assessment, making it fairer for domestic abuse victims contesting a property who cannot use their equity to fund the legal proceedings. These changes will significantly widen access to legal aid for victims and will make any contributions more affordable.
More broadly, in 2020 we launched a new £3m grant to enhance support for litigants in person with civil, family and tribunals problems, which is working with more than 50 not-for-profit organisations across England and Wales. This is in addition to the close to £9m the MoJ has invested in supporting litigants in person since 2015. Across 2020/21 and 2021/22 the MoJ also provided £1.6m funding to the Finding Legal Options for Women Survivors (FLOWS) project, run by RCJ Advice, which provides free legal support to victims of domestic abuse who wish to apply for an emergency protective order from the courts.
Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to plans to reform the Human Rights Act announced on 14 December 2021, what steps he is taking to progress those plans.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
On 14 December 2021 the Government published a consultation on proposals to update the Human Rights Act 1998. This was published alongside the Independent Human Rights Act Review (IHRAR) report. The consultation closes on 8 March 2022. During the consultation period, meetings are taking place with key stakeholders as part of a wider engagement plan. Any legislative proposals will be further developed and finalised following the consultation and once all responses have been reviewed.
The Government’s consultation can be accessed here: https://www.gov.uk/government/consultations/human-rights-act-reform-a-modern-bill-of-rights.
The IHRAR report can be accessed here: https://www.gov.uk/guidance/independent-human-rights-act-review.