Tag: Edward Garnier

The below Parliamentary question was asked by Edward Garnier on 2016-01-04.

To ask the Secretary of State for Health, whether it is his policy that costs in fatal cases involving a claim for less than £25,000, including the costs of representation at inquest, will fall outside of the proposed fixed recoverable costs in clinical negligence schemes.

Ben Gummer

The Department is currently preparing to go out to public consultation on the introduction of fixed recoverable costs (FRC) for clinical negligence claims as originally proposed by Lord Woolf and Lord Justice Jackson in 1996 and 2009 respectively. The consultation will include consideration on the maximum value of claims that will be covered by the FRC regime and whether there should be any exemptions. We will review all responses before making a final decision on these issues.

The below Parliamentary question was asked by Edward Garnier on 2016-01-05.

To ask the Secretary of State for Health, what account he took of the manner in which the NHS Litigation Authority has carried out its duties and responsibilities in defending clinical negligence claims when approving the proposed fixed recoverable costs in the clinical negligence scheme.

Ben Gummer

The planned consultation on the introduction of fixed recoverable costs for clinical negligence claims is also looking to streamlining claims for clinical negligence, focusing conduct by both claimants and defendants on what is required for a fair and proportionate resolution and encourage an overall system and process that is more resource efficient and that incentivises the right behaviours by all parties.

The below Parliamentary question was asked by Edward Garnier on 2016-01-05.

To ask the Secretary of State for Health, what assessment he has made of the implications for his policy on proposed fixed recoverable costs in clinical negligence cases of concerns expressed in a letter to him of 9 November 2015 from Action against Medical Accidents, Sands, National Voices, Meningitis Now and the Birth Trauma Association.

Ben Gummer

The Department is currently preparing to go out to public consultation on the introduction of fixed recoverable costs (FRCs) for clinical negligence claims as originally proposed by Lord Woolf and Lord Justice Jackson in 1996 and 2009 respectively. The Department undertook a pre-consultation process in late 2015 and obtained feedback from a range of respondents. Since the pre-consultation, the Department has been working to assess how concerns raised can be addressed and reflected in the formal consultation.

Respondents to the pre-consultation exercise in August confirmed that there is no exact correlation between value and complexity of clinical negligence claims. The consultation will include consideration of the maximum value of claims that will be covered by the FRC regime, whether there should be any exemptions; and thedate and method of implementation. The consultation is also looking at how behaviours can change to streamline and speed up the way in which clinical negligence claims are processed through the legal system. We, therefore, do not agree with the suggestion in the 9 November letter to delay the consultation whilst a review takes place.

The below Parliamentary question was asked by Edward Garnier on 2016-01-05.

To ask the Secretary of State for Health, what assessment he has made of the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on the proposed fixed recoverable costs in the clinical negligence scheme.

Ben Gummer

One objective of the proposed fixed recoverable cost (FRC) regime is to improve the relationship between recoverable costs and damages paid. Looking at cases settled post Legal Aid, Sentencing and Punishment of Offenders Act 2012 we have not noticed a significant impact on this relationship.

The Department is currently preparing to go out to public consultation on the introduction of FRCs for clinical negligence claims as originally proposed by Lord Woolf and Lord Justice Jackson in 1996 and 2009 respectively. Respondents to the pre-consultation exercise in August confirmed that there is no exact correlation between value and complexity of clinical negligence claims. The consultation will include consideration of the maximum value of claims that will be covered by the FRC regime, whether there should be any exemptions; and thedate and method of implementation. The consultation is also looking at how behaviours can change to streamline and speed up the way in which clinical negligence claims are processed through the legal system. We, therefore, do not agree with the suggestion in the 9 November letter to delay the consultation whilst a review takes place.

The below Parliamentary question was asked by Edward Garnier on 2016-01-05.

To ask the Secretary of State for Health, if he will make an assessment of whether there is a causal link or correlation between the value and costs of a clinical negligence claim and its factual and legal complexity.

Ben Gummer

The Department is currently preparing to go out to public consultation on the introduction of fixed recoverable costs for clinical negligence claims as originally proposed by Lord Woolf and Lord Justice Jackson in 1996 and 2009 respectively.

Respondents to the pre-consultation exercise in August confirmed that there is no exact correlation between value and complexity of clinical negligence claims.

The below Parliamentary question was asked by Edward Garnier on 2016-03-21.

To ask the Secretary of State for Justice, what information his Department holds on the number of times that lawyers have not been able to meet their clients in custody in England and Wales at less than 12 hours’ notice due to staff shortages, staff disputes or other administrative reasons in each of the last five years for which figures are available; and how many Crown or magistrates’ court hearings have been adjourned or delayed as a result in each of those years.

Mike Penning

The specific information requested is not held centrally and could only be obtained at disproportionate cost. We are committed to ensuring that prisoners have appropriate and early access to their legal representatives. Guidance to both prisons and legal practitioners on facilitating legal visits is published in Prison Service Instruction 16/2011.

The below Parliamentary question was asked by Edward Garnier on 2016-03-21.

To ask the Secretary of State for Justice, what his policy is on (a) support for independent monitoring boards and (b) consideration of the recommendations which those boards make in their annual reports to his Department; and if he will make a statement.

Dominic Raab

The Independent Monitoring Boards are supported by the IMB Secretariat, which is a small team of civil servants based in the Ministry of Justice. The Secretariat staff are involved in supporting the work of IMBs, the National Council and the IMB President, mainly through providing back-office administrative support. Funding for the IMBs is made from within the MoJ budget.

The Prisons Minister considers each report and responds directly to the Chair of the relevant Board within the agreed eight week timeframe, providing comprehensive answers to any concerns raised for the Minister or the Justice Secretary’s specific attention.

The below Parliamentary question was asked by Edward Garnier on 2016-09-06.

To ask the Secretary of State for the Home Department, what plans she has to mark Anti-Slavery Day and to acknowledge the work of non-governmental organisations, local authorities and people involved in tackling slavery; and if she will make a statement.

Sarah Newton

Local authorities, Non-Governmental Organisations and the statutory agencies all make a vital contribution to the fight against modern slavery. Various events will mark Anti-Slavery Day and I will announce my own plans in due course.

The below Parliamentary question was asked by Edward Garnier on 2016-09-14.

To ask the Secretary of State for the Home Department, what plans she has to mark Anti-Slavery Day 2016; and if she will make a statement.

Sarah Newton

Anti-Slavery Day on 18 October is an important opportunity to continue to raise awareness of this appalling crime. We have made good progress in tackling it, but there is more to do.

A range of events will mark the day and the Government will announce its plans in due course.

The below Parliamentary question was asked by Edward Garnier on 2015-10-22.

To ask the Secretary of State for the Home Department, when she expects provisions in the Private Security Industry Act 2001 on private investigators to come into force; which individuals and organisations she has held discussions with on these powers; and if she will make a statement.

Karen Bradley

The Government is committed to ensuring the integrity of the private security industry and this includes private investigators.

In July, the Government committed to a review (formerly triennial review) of the Security Industry Authority. That review may make further recommendations for legislative change which the Government will then consider.

Home Office Ministers have regular meetings with Ministerial colleagues and others as part of the process of policy development and delivery. As was the case with previous administrations, it is not the Government’s practice to provide details of all such meetings.