Asked by: Lord Beith (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what provision, if any, Her Majesty's Courts and Tribunals Service has made for courts to sit in prisons when a prisoner refuses either to attend court or to take part in a video link between a prison and a court.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
A decision that a court should sit within a prison when a defendant refuses to attend court in person or by video link is for the judiciary. If such a decision is made HMCTS , in conjunction with HMPPS Her Majesty’s Prison and Probation Service makes the necessary arrangements.
The Court has no legal power to direct a prison officer (including a Governor) to use force or to compel a prisoner to attend court.
Asked by: Lord Beith (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government how many people are currently on the prison officer reserve list; what proportion of those on the reserve list have received training in the duties of a prison officer; and how many of those on the reserve list have been deployed to assist in prisons following the riot in HM Prison Birmingham.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
We currently offer permanent flexible contracts to ex-prison officers under the HMPS Reserve Scheme which was established in November 2015. Under the HMPS Reserve Scheme, we offer a permanent flexible contract to prison officers who have left voluntarily within the preceding 2 years. These staff will work flexibly to meet the needs of the estate. This helps to support the current operational workforce across the estate and to complement existing methods for meeting the staffing needs of prisons around the country.
HMPS Reserve staff provide a valuable flexible resource for NOMS by supporting prison regimes and as at 30 September 2016, the date of the most recent published figures, there were 10 prison officer reserves and they continue to be deployed on an on-going basis across the Service in support of existing staff including after the riot in HMP Birmingham.
Asked by: Lord Beith (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether they will bring forward a draft bill to make provision for guardianship of the property of missing persons.
Answered by Lord Faulks
My Department is working to prepare the legislation necessary to create the new legal status of guardian of the property and affairs of the missing person. We will bring forward legislation when Parliamentary time allows.
Asked by: Lord Beith (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what steps they are taking to ensure that cases in the Court of Protection involving personal liberty are not delayed by lack of representation for persons with mental disabilities, following the recent ruling of that Court requiring representation in such cases.
Answered by Lord Faulks
The Court of Protection deals with some of the most vulnerable people in our society and is responsible for making difficult decisions including where a person must be deprived of their liberty for the purpose of care or treatment. The protection of vulnerable people is a priority for the Government and we remain committed to finding a fair and proportionate resolution. We are considering whether changes need to be made to the way these cases are dealt with in the courts following the recent ruling on this topic.