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Written Question
Disability: Equality
Friday 15th July 2022

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the remarks by Baroness Stedman-Scott on 21 June (HL Deb col 56GC), when they plan to consult on the feasibility of a pilot scheme testing the (1) advantages, and (2) disadvantages, of extending cost protection to disability claims.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The Government is continuing to consider the possibility of consulting on a pilot scheme examining the advantages and disadvantages of extending costs protections to disability claims. This is an important issue that requires careful consideration, and we will set out the way forward in the coming months.


Written Question
Matrimonial Property
Friday 15th July 2022

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what steps they are taking to implement the recommendation included in the Law Commission report Matrimonial Property, Needs and Agreements, published in 2014, that "qualifying nuptial agreements should be introduced by legislation"; and whether they plan to introduce the Draft Nuptial Agreements Bill included in that report.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

We are taking forward our commitment to review the legislation surrounding financial provision following divorce. Nuptial agreements are one element of this and any decision to introduce new legislation, including the draft Bill provided by the Law Commission in 2014, will be considered against the context of the wider review.


Written Question
Divorce Settlements
Wednesday 21st July 2021

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the Written Answer by Lord Wolfson of Tredegar on 6 July (HL1300), whether they have departed from the commitment made by Lord Keen of Elie in his letter dated 16 March 2020 (DEP2020-0150) to gather evidence, consult and develop recommendations relating to the law governing financial provision on divorce.

Answered by Lord Wolfson of Tredegar

The Government remains committed to examining the law governing financial provision on divorce.

On 22 January, in answer to written question HL11921 from the noble Baroness, I said that the Government was committed to set up a Lord Chancellor’s working group to take forward that work, including consideration of whether there are problems with the current law. In February 2021, the Nuffield Foundation began an independent research project to investigate how divorcing couples in England and Wales negotiate financial arrangements, both inside and outside the legal system. This study, “Fair Shares? Sorting out money and property on divorce”, aims to provide the first fully representative picture of divorcing couples in England and Wales.

In light of this important study, and its relevance to the gathering of evidence, the Government will further consider how best to progress the commitments made by Lord Keen and will announce its intentions in due course.


Written Question
Divorce: Finance
Tuesday 6th July 2021

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to their commitment in March 2020 to conduct a review into the law relating to financial remedies on divorce, what progress they have made with that review.

Answered by Lord Wolfson of Tredegar

As the Government confirmed on 22 January 2021, it has previously committed to set up a Lord Chancellor’s working group to assess any evidence for changing the law of financial provision on divorce and dissolution. The Government will announce its intentions in due course. Our current priority is to conclude the complex and important work, which is now far advanced, to implement reforms to divorce law in April next year through the provisions of the Divorce, Dissolution and Separation Act 2020. The Government believes that this is a vital first step in reducing conflict.


Written Question
Divorce
Friday 22nd January 2021

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the answer by Lord Stewart of Dirleton on 6 January (HL Deb, col 131), what progress they have made with the review of financial provision law.

Answered by Lord Wolfson of Tredegar

The Government has committed to set up a Lord Chancellor’s working group to assess any evidence for changing the law of financial provision on divorce and dissolution. This review will be led by evidence, which is yet to be gathered, on whether there are problems with the current law. The Government will seek to ensure a balance of members from across different professions. The Government will make an announcement in due course.


Written Question
Solicitors: Assessments
Monday 9th September 2019

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what assessment they have made, if any, of the effectiveness of the Solicitors' Qualifying Examination in inculcating and testing legal writing skills.

Answered by Lord Keen of Elie

As the legal profession in England and Wales, and the bodies that regulate it, are independent from government, we have not made any assessment of the Solicitors Qualifying Examination. As set out in the Legal Services Act 2007, it will be a matter for the Legal Services Board to determine whether to approve proposals for changes to the qualification arrangements for solicitors brought forward by the Solicitor’s Regulation Authority.


Written Question
Solicitors: Assessments
Monday 9th September 2019

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what assessment they have made, if any, of the effectiveness of exclusively multiple choice testing in the Solicitors' Qualifying Examination as a way of maintaining standards of legal service to consumers.

Answered by Lord Keen of Elie

As the legal profession in England and Wales, and the bodies that regulate it, are independent from government, we have not made any assessment of the Solicitors Qualifying Examination. As set out in the Legal Services Act 2007, it will be a matter for the Legal Services Board to determine whether to approve proposals for changes to the qualification arrangements for solicitors brought forward by the Solicitor’s Regulation Authority.


Written Question

Question Link

Wednesday 5th July 2017

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

Her Majesty's Government what is their response to the conclusion of the Equality and Human Rights Commission review published on 3 April, Being disabled in Britain: a journey less equal, that changes to legal aid in England and Wales have negatively affected disabled people's access to justice; and to the finding that a 54 per cent drop between 2012–13 and 2015–16 in employment tribunal claims on grounds of disability discrimination.

Answered by Lord Keen of Elie

The Government is considering the recommendations of the review and will respond in due course.

The reforms to the scope of civil legal aid were designed to refocus funding on those who need it most and on the most serious cases in which legal advice and representation are justified. We have specifically protected legal aid (both for initial advice and representation), subject to the statutory means and merits tests, for civil legal services provided in relation to contravention of the Equality Act 2010. Publicly funded advice continues to be available for Employment Tribunal discrimination claims, and publicly funded advice and representation is available in the Employment Appeal Tribunal.

The Government’s review of the impact of the introduction of fees in the Employment Tribunals was published on 31 January 2017. The review included proposals to extend the support available under the Help with Fees scheme. The Government is considering the responses to the consultation and will respond in due course.


Written Question
Matrimonial Property
Wednesday 29th July 2015

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty’s Government whether they plan to bring forward legislation on binding pre-nuptial and post-nuptial agreements.

Answered by Lord Faulks

The Law Commission has undertaken a review of elements of the law in this area and published its report on Matrimonial Property, Needs and Agreements last year, following wide consultation. The review looked in particular at the treatment of nuptial agreements, financial needs and matrimonial property in financial relief cases. The Government is carefully considering the Law Commission’s recommendations and will respond in due course.


Written Question
Divorce: Financial Provision
Wednesday 29th July 2015

Asked by: Baroness Deech (Crossbench - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty’s Government whether they plan to review the law relating to financial provisions on divorce.

Answered by Lord Faulks

The Law Commission has undertaken a review of elements of the law in this area and published its report on Matrimonial Property, Needs and Agreements last year, following wide consultation. The review looked in particular at the treatment of nuptial agreements, financial needs and matrimonial property in financial relief cases. The Government is carefully considering the Law Commission’s recommendations and will respond in due course.