Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what stage they have reached in their consideration of amending legislation in order to ensure that convicted murderers who persist in refusing to reveal the location of bodies of victims are prevented from being released on parole; and when they expect to introduce legislation to that effect.
Answered by Lord Faulks
I can sympathise with the anguish caused to the families of victims where the whereabouts of their loved one is unknown and the offender wilfully fails to co-operate. Such behaviour is already taken into account by the court when sentencing the offender, and by the independent Parole Board when assessing an offender’s eligibility for possible release. The Prisons Minister has written to the Parole Board asking it to consider reviewing its guidelines on this issue.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether, as a consequence of the Lord Chancellor’s disciplinary ruling in the case of Richard Page JP, they will indicate how they intend to ensure that those in public office find no hindrance in expressing, promoting or practising Christian morals and principles as a result of the Government's equality policies.
Answered by Lord Faulks
Her Majesty’s Government’s firm view is that Christianity is a very important part of our society and national culture. The Lord Chancellor is himself a strong defender of Christian freedom of expression, and is categorical that a judicial office holder would never be, and has not been, disciplined solely on the basis of their religious views.
The disciplinary ruling in the case of Richard Page JP reflected the long-standing principle that cases before any court in the land are decided wholly on their facts, not on personal beliefs. This essential tenet for any fair and impartial justice system, and the oath magistrates take upon appointment has been in place since 1868 for that very reason.
This Government has actively promoted the great Christian heritage of this country and believes that Christianity plays a vital role in our national life and that faith inspires people to become involved in public service including providing help to those in need.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether they have made representations to the Law Society about its practice note on Sharia-compliant wills.
Answered by Lord Faulks
Her Majesty’s Government has not made any representations to the Law Society about its practice note on Sharia-compliant wills.
The legal profession is independent of government, and is regulated by Approved Regulators, for which the Legal Services Board (LSB) has oversight responsibility. The Approved Regulators and LSB are also independent of government, as are the bodies which deal with complaints about those in the legal profession.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government whether, in the light of the allegations made regarding expert witnesses in the BBC Panorama programme Justice for Sale, broadcast on 9 June, they will review and publish a list of the occasions on which the expert witnesses identified in that programme gave evidence under oath in criminal trials since June 2010.
Answered by Lord Faulks
Her Majesty's Courts and Tribunals Service does not record which experts are called to give evidence in trials, and this information is therefore not available.
Asked by: Lord Maginnis of Drumglass (Independent Ulster Unionist - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government whether, in the light of the allegations made regarding expert witnesses in the BBC Panorama programme Justice for Sale, broadcast on 9 June, they intend to revise the rules regarding the use of expert witnesses in criminal trials.
Answered by Lord Faulks
There is no place in the justice system for corrupt expert witnesses. Those who are found guilty can face prosecution for perjury, or for perverting the course of justice which carries the maximum penalty of a life sentence.
Following the Government's response to the Law Commission's report into Expert Evidence, the Criminal Procedure Rule Committee was asked to make changes to the Rules which will clarify the duties of expert witnesses and remind the parties, and the courts, of the vital importance of distinguishing between those conclusions that expert evidence can support, and those which it cannot. The Committee has agreed to do so and I expect these new Rules to come into force in October.