Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Attorney General:
To ask His Majesty's Government what discussions they had with the Crown Prosecution Service prior to the domestic abuse guidance, published on 5 December 2022, which states that a spouse who withholds money from their partner for gender transitioning may be committing domestic abuse.
Answered by Lord Stewart of Dirleton - Advocate General for Scotland
As part of their independent functions the CPS periodically issue guidance to aid their prosecutors. The publication of the domestic abuse guidance came following a CPS run public consultation that was widely publicised through Government departments, Police and Crime Commissioners, Domestic Abuse and Victims’ Commissioners, and the public. A full consultation response can be found on the CPS website. As a courtesy, the CPS forwarded a copy of the guidance to the Attorney General’s Office at the time of publication in December 2022. No substantive discussions were held. |
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Attorney General:
To ask His Majesty's Government what assessment they have made of written statements made in a case by the Crown Prosecution Service that the Bible contains references "which are simply no longer appropriate in modern society and which would be deemed offensive if stated in public".
Answered by Lord Stewart of Dirleton - Advocate General for Scotland
The Wessex Area of the Crown Prosecution Service (CPS) has undertaken a post-case review and acknowledges that the statement was inappropriate. The statement was not intended to and does not represent a change to published CPS Policy. It is not indicative of a general approach by the CPS to cases involving the right to freedom of thought, conscience and religion, and the right to freedom of expression. As a result of the post-case review, in future, where skeleton arguments are ordered, in cases where there is scope for argument to arise as to rights such as that of freedom of expression, such arguments will be submitted to the Senior District Crown Prosecutor for signing off, prior to service. |
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Attorney General:
To ask the Attorney General, whether he has provided advice to the Prime Minister on whether the Government is able to trigger article 24 of the WTO General Agreement on Tariffs and Trade; and if he will make a statement.
Answered by Geoffrey Cox
I regularly meet ministerial colleagues to discuss important issues of common interest, including on matters relating to the UK’s exit from the EU. I am unable to disclose the legal content of those discussions because whether or not the Law Officers have given advice and the content of any such advice is, by convention, not disclosed outside Government. The Convention protects my ability as chief legal adviser to the Government to give full and frank legal advice about some of the most contentious and difficult issues the Government will be considering.
Asked by: Baroness Hoey (Non-affiliated - Life peer)
Question to the Attorney General:
To ask the Attorney General, what assessment he has made of the potential merits of reimbursing self-employed witnesses for loss of earnings when they are obliged to attend court.
Answered by Robert Buckland
The payment of witness expenses and allowances to prosecution witnesses, where the Crown Prosecution Service (CPS) is the prosecuting authority, is governed by the Crown Prosecution Service (Witnesses’ etc. Allowances) Regulations 1988.
The rates payable in accordance with the Regulations are designed to provide compensation to witnesses attending court but not necessarily full reimbursement of all costs incurred, including loss of earnings, whether the witness is employed or self-employed. The aim is to strike a balance between providing a reasonable level of compensation to witnesses and ensuring that public money is spent appropriately.
It is important that the allowances are set at a level that does not discourage the public from coming forward to give evidence and rates are subject to regular review. Nevertheless, limits on the amounts payable are necessary if the Government is to maintain control over public spending in order to direct limited resources to areas of greatest need.
The witness allowance rates are due to be reviewed shortly.