Tag: Sir Peter Bottomley

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Communities and Local Government, if he will direct the Leasehold Advisory Service to co-operate with the Leasehold Knowledge Partnership and the Campaign Against Retirement Leasehold Exploitation on providing advice to leaseholders.

Kris Hopkins

My hon. Friend raises a serious matter. In July 2013, Mr Benjamin Mire resigned from his (part-time) judicial post on the Southern Residential Property Tribunal following a conduct investigation by the Ministry of Justice, but prior to the conclusion of the formal disciplinary process.

Mr Mire is Chief Executive of Trust Property Management, a firm of chartered surveyors and managing agents. The issue raised is whether this company should continue to be advertised on LEASE’s (the Leasehold Advisory Service) practitioners’ list.

The practitioner list is not meant to be a fully comprehensive list, nor does inclusion constitute a recommendation by LEASE. Firms pay a fee to be entered on the list and sign a contract accordingly.

In considering a recent complaint on this issue, LEASE undertook a careful review of their terms and conditions in relation to inclusion in their professional directory. This has resulted in amendments being made, and revised terms and conditions have been published on their website.

The revised terms and conditions give LEASE the right to temporarily remove an organisation’s directory information from the directory if a complaint is received from a third party relating to the organisation or its listing. They also give LEASE the right to terminate the contract with immediate effect by giving written notice if a number of conditions are not met, these include:-

“The inclusion of the organisation’s directory information on the directory conflicts with LEASE Conferences Ltd or the Leasehold Advisory Service’s purposes, objectives or obligations or brings LEASE into disrepute or there is a risk (in our reasonable opinion) of any such conflict or bringing into disrepute.”

If Trust Property Management does not meet the new terms and conditions when their contract for inclusion in the directory is due for renewal in July, then they will be removed, as will any other organisation which similarly does not meet the revised terms and conditions.

Whilst I appreciate that this may not be as quick a step as my hon. Friend would wish, moving forward, I hope these actions taken will in due course ensure the continued integrity of the practitioners’ list. I would be happy to meet my hon. Friend if he wishes to discuss this further.

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Communities and Local Government, if he will direct the Leasehold Advisory Service to cease carrying advertising for or links to the services of Benjamin Mire or Trust Property Management.

Kris Hopkins

My hon. Friend raises a serious matter. In July 2013, Mr Benjamin Mire resigned from his (part-time) judicial post on the Southern Residential Property Tribunal following a conduct investigation by the Ministry of Justice, but prior to the conclusion of the formal disciplinary process.

Mr Mire is Chief Executive of Trust Property Management, a firm of chartered surveyors and managing agents. The issue raised is whether this company should continue to be advertised on LEASE’s (the Leasehold Advisory Service) practitioners’ list.

The practitioner list is not meant to be a fully comprehensive list, nor does inclusion constitute a recommendation by LEASE. Firms pay a fee to be entered on the list and sign a contract accordingly.

In considering a recent complaint on this issue, LEASE undertook a careful review of their terms and conditions in relation to inclusion in their professional directory. This has resulted in amendments being made, and revised terms and conditions have been published on their website.

The revised terms and conditions give LEASE the right to temporarily remove an organisation’s directory information from the directory if a complaint is received from a third party relating to the organisation or its listing. They also give LEASE the right to terminate the contract with immediate effect by giving written notice if a number of conditions are not met, these include:-

“The inclusion of the organisation’s directory information on the directory conflicts with LEASE Conferences Ltd or the Leasehold Advisory Service’s purposes, objectives or obligations or brings LEASE into disrepute or there is a risk (in our reasonable opinion) of any such conflict or bringing into disrepute.”

If Trust Property Management does not meet the new terms and conditions when their contract for inclusion in the directory is due for renewal in July, then they will be removed, as will any other organisation which similarly does not meet the revised terms and conditions.

Whilst I appreciate that this may not be as quick a step as my hon. Friend would wish, moving forward, I hope these actions taken will in due course ensure the continued integrity of the practitioners’ list. I would be happy to meet my hon. Friend if he wishes to discuss this further.

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Communities and Local Government, when he expects to appoint a new chariman to the Leasehold Advisory Service.

Kris Hopkins

Consideration will be given to the position of Chairman of the Leasehold Advisory Service later this year, when the current term of office is due to end.

This will be carried out in line with the Code of Practice for Ministerial appointments to Public Bodies published by the Office of the Commissioner for Public Appointments.

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Justice, when the Judicial Conduct Investigations Office (a) started and concluded its investigation into Benjamin Mire; and what steps that Office subsequently took.

Mr Shailesh Vara

The investigation into Mr Mire’s conduct was initiated by the President of the Residential Property Tribunal in accordance with the Judicial Complaints (Tribunals) Rules 2008 and the Judicial Discipline (Prescribed Procedures) Regulations 2006 (as amended). The Judicial Conduct Investigations Office was advised of the complaint against Mr Mire on the 13 October 2011.

The investigation was conducted in accordance with the Regulations and ceased upon Mr Mire’s resignation as a Valuer Chair of the Southern Property Tribunal on the 16 July 2013.

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Justice, whether Benjamin Mire was shown the report of the Judicial Conduct Investigations Office into his conduct.

Mr Shailesh Vara

The investigation into Mr Mire’s conduct was conducted in accordance with the Judicial Discipline (Prescribed Procedures) Regulations (2006) (as amended). The Regulations require a draft of a review body report to be disclosed to the subject of the disciplinary process. The regulations were followed accordingly in this case.

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Justice, under what circumstances the Judicial Conduct Investigations Office report on Benjamin Mire can be made public.

Mr Shailesh Vara

Information gathered in the course of a judicial conduct investigation is confidential and may only be disclosed in the circumstances set out in section 139 of the Constitutional Reform Act 2005.

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Justice, what timescale Benjamin Mire would have been removed from his appointment to the property tribunal following the conclusion of the report on the Judicial Conduct Investigations Office had he not resigned from that post.

Mr Shailesh Vara

Mr Mire’s conduct was investigated in accordance with The Judicial Discipline (Prescribed Procedures) Regulations 2006 (as amended). These regulations provide opportunities for the subject of the disciplinary process to make further representations and for the Lord Chancellor and the Lord Chief Justice to consider these and take such action as they think fit. It is therefore not possible to specify a time frame for concluding the disciplinary process. Mr Mire resigned before the disciplinary process was concluded.

Since 1st October 2013, judicial conduct has been considered under the Judicial Discipline (Prescribed Procedures) Regulations 2013. These now provide for the Lord Chancellor and Lord Chief Justice to continue to make a finding of misconduct in certain circumstances where a judicial office holder has ceased to hold office during the course of a conduct investigation.

The below Parliamentary question was asked by Sir Peter Bottomley on 2014-04-10.

To ask the Secretary of State for Justice, when and for what reasons Benjamin Mire left his judicial appointment on the property tribunal.

Mr Shailesh Vara

Mr Mire’s chose to resign as a Valuer Chair of the Southern Property Tribunal on the 16 July 2013 following an investigation into his conduct. The reasons given by Mr Mire form part of the information gathered in the course of a judicial conduct investigation which is confidential and may only be disclosed in certain circumstances as set out in section 139 of the Constitutional Reform Act 2005.