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Written Question
Northern Ireland Protocol: Legal Opinion
Wednesday 25th May 2022

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask Her Majesty's Government whether they will place in the Library of the House a copy of the legal opinion the Attorney General received on disapplying parts of the Protocol on Ireland/Northern Ireland.

Answered by Lord Stewart of Dirleton - Advocate General for Scotland

It is a longstanding convention, accepted by governments of all parties, not to disclose outside government whether the Law Officers have given legal advice or the contents of any advice. This convention protects the Law Officers’ ability to give full and frank legal advice on some of the most contentious and difficult issues the Government will be considering.


Written Question
John Broadhurst
Monday 11th February 2019

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, if he will make an assessment of the adequacy of the sentence delivered in the case of R v Broadhurst in December 2018.

Answered by Geoffrey Cox

The Attorney General’s Office received a number of referrals under the Unduly Lenient Sentence (ULS) Scheme for the case of R v Broadhurst.

The Law Officers can only refer a sentence as unduly lenient if there has been a “gross error” resulting in the sentence being significantly below the level that any judge could reasonably have imposed. The power is one that should only be used in exceptional circumstances and it is not an automatic prosecution right of appeal.

After reviewing the case I am satisfied that the judge approached the sentencing in the correct way and I have concluded that the sentence was not outside the range of sentences that were reasonably available to the judge. It would therefore not be right for me to refer the sentence to the Court of Appeal.

Sentencing is the responsibility of the Ministry of Justice while charging decisions are an independent matter for the Crown Prosecution Service.


Written Question
Attorney General: Cleaning Services
Wednesday 30th January 2019

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, which service providers are contracted to carry out third party cleaning contracts for his (a) Department and (b) executive agencies; if he will list all of the services delivered by third party contractors to his (i) Department and (ii) executive agencies; and how many people working for those third party contractors are paid less than the Living Wage as defined by the Living Wage Foundation.

Answered by Robert Buckland

The Attorney General’s Office (AGO) does not hold third party cleaning contracts. Cleaning services for the AGO are provided by Ministry of Justice contractors and the buildings’ landlords. The Attorney General’s Office holds no information on rates of pay for third party contractors. Specific rates of pay are a matter for each individual contractor.

The Government Legal Department (GLD) contracts with two service providers for the provision of its cleaning services; Mitie Cleaning Services for its offices at One Kemble Street (London) and Sussex Cleaning Services for Southern House (Croydon). GLD requires its contracted cleaning providers to pay the London living wage to all of their staff. HMCPSI staff located within One Kemble Street are covered by the same cleaning provision.

The Crown Prosecution Service (CPS) does not hold third party cleaning contracts. The majority of buildings on the CPS estate are managed and maintained by the Ministry of Justice. Cleaning services are either provided by Ministry of Justice contractors or the buildings’ landlords. The CPS holds no information on rates of pay for third party contractors. Specific rates of pay are a matter for each individual contractor.

The Serious Fraud Office’s (SFO) cleaning services are contracted out to Julius Rutherford & Co Ltd who pay the London Living Wage to all of the staff providing cleaning services to the SFO.

A list of all services delivered by third party contractors to the Department is not held in a centralised location, the information requested could only be obtained at disproportionate cost.


Written Question
Brexit
Monday 14th January 2019

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, if he will provide a written statement to the House on the legal implications of any potential changes the Government may negotiate to the Withdrawal Agreement with the EU in relation to the sovereignty of decision-making by Parliament on the Northern Irish backstop.

Answered by Geoffrey Cox

The Government understands the legitimate desire of Parliament to understand the legal implications of the Withdrawal Agreement. I have today written to the Prime Minister about an exchange of letters between the Prime Minister and the Presidents of the European Council and the European Commission. Given the exceptional circumstances surrounding the vote on the Withdrawal Agreement and the Government's commitment to provide Parliament with information to assist it to understand the Agreement, I have agreed that this letter should be published

It is available online here and copies have been deposited in the Libraries of both Houses.


Written Question
Home Education: Prosecutions
Tuesday 10th July 2018

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, whether his Department has any figures on the number of cases taken against parents who have (a) abused, (b) radicalised and (c) trafficked their children who were in home education at that time.

Answered by Robert Buckland

The Crown Prosecution Service (CPS) does not maintain a central record of the number of defendants prosecuted for offences where they have (a) abused, (b) radicalised and (c) trafficked their children who were in home education at that time prosecuted. This information could only be obtained by manually searching CPS case files, which would incur disproportionate cost.


Written Question
Attorney General: Living Wage
Monday 30th April 2018

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, how many (a) direct employees, (b) agency staff and (c) outsourced staff working for (i) his Department and (ii) agencies of his Department are paid less than the living wage, as defined by the Living Wage Foundation.

Answered by Jeremy Wright

The Crown Prosecution Service (CPS) does not directly employ anyone whose salary is less than the rate defined by the Living Wage Foundation.

All CPS contracts, including those for agency staff and outsourced services, require suppliers to adhere to applicable legislation, including National Minimum Wage Regulations. The CPS does not stipulate that suppliers and agencies must pay the living wage rate as calculated by the Living Wage Foundation.

Suppliers of outsourced services and agencies are responsible for setting rates of pay and actual rates of pay are dependent on location and market rates. The CPS does not hold information on individual rates of pay for contractor staff and therefore it is unable to provide or estimate the number of contractor staff paid less than the national living wage as defined be the Living Wage Foundation.

The Attorney General’s Office (AGO), the Government Legal Department (GLD) and Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) pay all direct employees, agency staff and outsourced staff more than the living wage, as defined by the Living Wage Foundation.

Currently fewer than five employees of the Serious Fraud Office (SFO) are paid less than the London Living Wage. No agency staff employed by the SFO are paid less than the London Living Wage. The SFO is not responsible for the pay rates of staff engaged by service providers, and does not hold complete information on their remuneration.


Written Question
Attorney General: Carers
Thursday 25th January 2018

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, whether his Department has a carer's policy for its employees; and what other steps his Department has taken to support employees with caring responsibilities.

Answered by Robert Buckland

The Attorney General’s Office (AGO), the Crown Prosecution Service (CPS), the Government Legal Department (GLD), the Serious Fraud Office (SFO) and Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) have no specific carer’s policy, but operate a number of policies that support employees with caring responsibilities, including flexible working, and opportunities for special leave and career breaks.

In addition, and as part of encouraging diversity and inclusion within the organisation, GLD has set up a staff carers network that raises awareness of caring related issues across the Department and provides an additional source of support to those staff in the network. In the future, GLD, the AGO and HMCPSI will look to adopt the carers’ charter currently being developed by Civil Service Employee Policy, and introduce the carer’s passport so that people moving around the organisation for developmental or career reasons will be able to discuss and manage their situation with their new management in a more open and consistent manner.

CPS offer advice and guidance from their ‘Employee Assistance’ providers and a member of the SFO’s senior management team has been appointed as a Flexible Working Champion to ensure that all staff are fully supported in any personal commitments, such as caring responsibilities and is establishing a group to help promote and embed the ideals of flexible working within the SFO.


Written Question
Attorney General: Living Wage
Tuesday 6th September 2016

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, how many people working for the Law Officers' Departments or its executive agencies on a (a) directly employed, (b) agency or (c) outsourced basis are paid less than the living wage as defined by the Living Wage Foundation; and how many of those people are employed on zero-hours contracts.

Answered by Robert Buckland

The Attorney General’s Office, the Government Legal Department, HMCPSI and the Crown Prosecution Service have no direct employees or agency workers that are paid less than the living wage as defined by the Living Wage foundation.

The Serious Fraud Office directly employs six staff who earn less than this. The six are all either apprentices or sandwich students on placement, and are all under 20 years of age and paid at a rate equivalent to £9.04 an hour.

None of the Law Officers’ Departments have any direct employees or agency workers who are on zero-hours contracts. No information is held in regards to pay rates or contracts with individuals employed by agencies or firms for subcontracted services.


Written Question
Social Workers: Negligence
Monday 13th July 2015

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, what the Government's policy is on the prosecution of social workers for wilful neglect.

Answered by Jeremy Wright

In prosecuting cases of wilful neglect by social workers, prosecutors apply the two stages of the Full Code Test, as set out in the Code for Crown Prosecutors. There must be sufficient evidence for a realistic prospect of conviction and a prosecution must be in the public interest. The Director of Public Prosecutions will shortly issue further guidance for prosecutors on the ill treatment or wilful neglect offences created by sections 20 and 21 of the Criminal Justice and Courts Act 2015. These provisions allow for the prosecution of, amongst others, social workers and social care providers providing formal adult social care who ill-treat or wilfully neglect individuals in their care. They add to criminal offences addressing the ill-treatment or wilful neglect of children, adults who lack capacity, and those subject to the Mental Health Act 1983.


Written Question
Attorney General: Living Wage
Thursday 25th June 2015

Asked by: Lord Field of Birkenhead (Crossbench - Life peer)

Question to the Attorney General:

To ask the Attorney General, how many (a) direct employees, (b) agency staff and (c) outsourced staff working for the Law Officers' Departments and their subsidiary agencies are paid less than the living wage.

Answered by Robert Buckland

No direct employees of the Government Legal Department (GLD) are paid less than the living wage. However, at 22 June 2015 GLD had four temporary workers in London receiving less than the living wage although this position will change after 12 weeks of engagement in line with the Agency Workers legislation. At that point, their salary will increase to a higher rate of pay comparable to the rate of a direct employee. All other temporary workers are paid more than the living wage.

No direct employees or temporary workers employed by the remaining Law Officers' Departments are paid less than the living wage.

A complete record on the pay arrangements for staff employed by companies contracted to provide services to the Law Officers' Departments is not held and could not be provided without incurring a disproportionate cost.