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  • Lord Roberts of Llandudno – 2014 Parliamentary Question to the Ministry of Justice

    Lord Roberts of Llandudno – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Roberts of Llandudno on 2014-03-24.

    To ask Her Majesty’s Government whether migrants detained in HM Prison The Verne from 24 March will have access to (1) Rule 35 procedures to determine whether their health would be damaged by detention, for example, due to a history of torture, (2) mobile telephones and the internet, (3) the ability to receive telephone calls from solicitors, family and friends, and (4) on-site legal advice surgeries; and if not, why not.

    Lord Faulks

    HM Prison The Verne started taking immigration detainees as scheduled from 24 March 2014. The National Offender Management Service (NOMS) will retain The Verne as a prison in the short term. Its designation as a prison will be reviewed later this year, with the intention of completing the re-designation to an immigration removal centre by the end of September 2014.

    While The Verne retains its designation as a prison it will be governed by Prison Rules rather than Detention Centre Rules. As The Verne is not governed by Detention Centre Rules, Rule 35 of those rules is not applicable.

    Detainees held at The Verne will be treated in the same way as other detainees held within the prison estate. As such they will not have access to mobile telephones or the internet, nor will they be able to receive telephone calls. They will, however, be able to make telephone calls and will have access to both social and legal visits.

    There is a dedicated Home Office Immigration Enforcement Team on site who will see detainees routinely on induction and upon request. In addition, independent immigration advice will be provided by Migrant Help.

  • Lord Blencathra – 2014 Parliamentary Question to the Attorney General

    Lord Blencathra – 2014 Parliamentary Question to the Attorney General

    The below Parliamentary question was asked by Lord Blencathra on 2014-03-24.

    To ask Her Majesty’s Government whether they will instruct the Crown Prosecution Service to bring prosecutions relating to all cases of female genital mutilation reported in London since 2009.

    Lord Wallace of Tankerness

    The Crown Prosecution Service (CPS) is committed to tackling cases of female genital mutilation (FGM), however it can only prosecute cases referred to it by the police which meet both of the tests outlined in the Code for Crown Prosecutors.

    The Code sets out a two stage test which must be applied when deciding whether a case should be prosecuted. The first stage is the evidential test which requires prosecutors to be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. If the evidential stage of the test is met prosecutors must then go on to identify the relevant public interest factors tending for and against the prosecution in order to form an overall assessment of whether a prosecution is in the public interest.

  • Lord Blencathra – 2014 Parliamentary Question to the Ministry of Justice

    Lord Blencathra – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Blencathra on 2014-03-24.

    To ask Her Majesty’s Government whether they plan to investigate United Kingdom law firms pursuing claims of unfounded abuse by British soldiers.

    Lord Faulks

    There are no plans to investigate the firms as they are not funded under the legal aid regulations or their contract with the Lord Chancellor in the Al-Sweady inquiry. It would not be reasonable to investigate the firms under their contract in relation to a matter arising outside their contract.

  • Lord Blencathra – 2014 Parliamentary Question to the Ministry of Justice

    Lord Blencathra – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Blencathra on 2014-03-24.

    To ask Her Majesty’s Government whether they plan to take steps to recover legal aid payments to the firm Public Interest Lawyers following their statement on 20 March that there was no evidence that British soldiers had murdered 20 Iraqis.

    Lord Faulks

    Legal aid is not funding the Al-Sweady Inquiry. There are therefore no plans to recover payments made from legal aid to Public Interest Lawyers following their statement on 20 March.

    On 20 March, at the Al-Sweady Inquiry into the most serious allegations against British soldiers in the Iraq War, lawyers representing Iraqi families withdrew their claim that the troops had killed unarmed civilians they had captured and brought back to an army base.

    The inquiry continues and the statement on 20 March does not mean that the inquiry has been abandoned.

    Legal aid was provided for an action prior to the Inquiry. Legal aid was provided to Iraqi applicants to seek an independent and effective investigation into deaths and torture or inhumane and degrading treatment in relation to the incident at checkpoint Danny Boy in Iraq in May 2004. As a result of these proceedings, the Secretary of State for Defence decided to hold the Al-Sweady Inquiry. This action was therefore successful in its aim.

    The Inquiry is not yet complete and the Chairman’s report is not due to be published until later in the year. Public Interest Lawyers’s statement refers to part only of the allegations made and the Ministry of Justice awaits the Inquiry Report before commenting further.

  • Lord Blencathra – 2014 Parliamentary Question to the Ministry of Justice

    Lord Blencathra – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Lord Blencathra on 2014-03-24.

    To ask Her Majesty’s Government how much has been paid in legal aid fees over the last five years to law firms Public Interest Lawyers and Leigh Day to conduct cases alleging abuse by British soldiers.

    Lord Faulks

    The Legal Aid Agency (LAA) cannot separately identify legal aid cases for those Iraqis alleging abuse by British Soldiers without disproportionate costs. Legal aid cases are not systematically recorded against nationality or cause of action.

    Leigh Day have not acted under legal aid in these types of cases. Public Interest Lawyers have acted for Iraqi clients under legal aid in cases seeking investigations into deaths and mistreatment.

    The net payments to Public Interest Lawyers over the past five years were:

    Year

    Amount

    2008/09

    £628,527.75

    2009/10

    £267,433.88

    2010/11

    £439,268.02

    2011/12

    £331,238.85

    2012/13

    £54,387.48

    These payments cover all work undertaken by the firm under legal aid. The payments made will be offset by recoupment on successful cases where the opponent has paid the costs.

  • Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    The below Parliamentary question was asked by Lord Harris of Haringey on 2014-03-24.

    To ask Her Majesty’s Government whether people who live outside the Rural Support Zone whose properties are affected by HS2 will be considered for a property bond scheme.

    Baroness Kramer

    The Government is not yet able to confirm the outcome of the recent consultation on property compensation for Phase One of HS2, but expects to make an announcement soon.

  • Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    The below Parliamentary question was asked by Lord Harris of Haringey on 2014-03-24.

    To ask Her Majesty’s Government whether they will publish the boundaries of the Rural Support Zone for HS2 and list the local authorities within which the Zone falls.

    Baroness Kramer

    The Government is not yet able to confirm the outcome of the recent consultation on property compensation for Phase One of HS2, but expects to make an announcement soon.

  • Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    The below Parliamentary question was asked by Lord Harris of Haringey on 2014-03-24.

    To ask Her Majesty’s Government what is the difference both in absolute terms and in percentage terms in the compensation for those affected by HS2 who (1) live in the Rural Support Zone, and (2) live outside it.

    Baroness Kramer

    The Government is not yet able to confirm the outcome of the recent consultation on property compensation for Phase One of HS2, but expects to make an announcement soon.

  • Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    Lord Harris of Haringey – 2014 Parliamentary Question to the Department for Transport

    The below Parliamentary question was asked by Lord Harris of Haringey on 2014-03-24.

    To ask Her Majesty’s Government when they expect to publish their response to the HS2 Property Compensation consultation.

    Baroness Kramer

    The Government is not yet able to confirm the outcome of the recent consultation on property compensation for Phase One of HS2, but expects to make an announcement soon.

  • Baroness Scott of Needham Market – 2014 Parliamentary Question to the Ministry of Defence

    Baroness Scott of Needham Market – 2014 Parliamentary Question to the Ministry of Defence

    The below Parliamentary question was asked by Baroness Scott of Needham Market on 2014-03-24.

    To ask Her Majesty’s Government what steps they are taking to reduce the level of illegal bird trapping within the Sovereign Base Areas of Cyprus.

    Lord Astor of Hever

    The Sovereign Base Areas are a separate territory and not part of the Republic of Cyprus. Countering illegal bird trapping is one of the key priorities of the Sovereign Base Areas Administration and the Sovereign Base Areas Police. This is stated in the Chief Constable’s annual report and strategic plan. Police enforcement action has resulted in 132 arrests and convictions over the last four years for bird trapping offences and the seizure and destruction of large quantities of equipment. The Sovereign Base Areas Administration reviews regularly what additional measures could be introduced within the Sovereign Base Areas. The Sovereign Base Areas Administration also consults with the Republic of Cyprus on the implementation and where practicable, coordination, of measures to reduce illegal bird trapping.