To match an exact phrase, use quotation marks around the search term. eg. "Parliamentary Estate". Use "OR" or "AND" as link words to form more complex queries.


Keep yourself up-to-date with the latest developments by exploring our subscription options to receive notifications direct to your inbox

Written Question
Parole
Wednesday 22nd November 2023

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, regarding provisions in the Victims and Prisoners Bill for a ministerial veto and subsequent appeal to the Upper Tribunal for 'top tier' parole decisions, what assessment they have made of the importance of clarity and finality of parole decision making for (1) the victims of crime, (2) prisoners, and (3) the safe and efficient management of prisons; and of the likely impact of these new stages of the parole process.

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

The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.


Written Question
Parole
Wednesday 22nd November 2023

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, regarding provisions in the Victims and Prisoners Bill for a ministerial veto and subsequent appeal to the Upper Tribunal for 'top tier' parole decisions, how they intend to implement these new stages of the parole process whilst complying with the legal duty under Article 5 ECHR to determine parole decisions ‘speedily’.

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

The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.


Written Question
Parole
Wednesday 22nd November 2023

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, regarding provisions in the Victims and Prisoners Bill for a ministerial veto and subsequent appeal to the Upper Tribunal for 'top tier' parole decisions, what assessment they have made of the effect of these new stages of the parole process on (1) prison capacity, (2) the victims of crime, (3) prisoners and (4) prison staff.

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

The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.


Written Question
Parole
Monday 20th November 2023

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, further to the Victims and Prisoners Bill impact assessment which states the that the average annual cost of implementing the proposed reforms will be £32 million, and the total annual budget for the Parole Board being £23 million, whether this additional expense will (1) be met by new funding or (2) have to be found from existing budgets, and if so from where they plan to reallocate this money.

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

The published impact assessment outlines the cost and impact on prison places of these reforms. The £32 million refers to the average annual cost of the reforms over the next 10 years (excluding transition costs). The bulk of this cost (£28.7 million) is attributed to the additional prison places required – the actual increase in costs to the Parole Board is expected to average £0.7 million over the next 10 years. However, it is important to note that these figures are averages and will not be this high immediately as the number of additional prison places required will increase gradually until the reforms reach ‘’steady state’’, which is expected to be more than 10 years away. No further funding has been allocated in this spending review period; any further funding expenditure will be determined at future spending reviews.

The impact assessment can be accessed here: https://publications.parliament.uk/pa/bills/cbill/58-03/0286/VictimsandPrisonersBillParoleImpact_Assessment_March23.pdf.


Written Question
Secure Accommodation
Thursday 6th April 2023

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, further to the Written Answer by Lord Bellamy on 8 March (HL5707), whether they will record and publish data in relation to applications to deprive children of their liberty under the inherent jurisdiction, on a comparable basis to that for children subject to secure accommodation orders.

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

HM Courts and Tribunals Service (HMCTS) are committed to making changes to internal case management systems to enable the routine publishing of data relating to applications to deprive children of their liberty under the inherent jurisdiction of the court, taking consideration of the data-related recommendations made within the Nuffield Family Justice Observatory report.

HMCTS are working with the Department of Education and the Nuffield Family Justice Observatory on how the current data can continue to be made available whilst the necessary changes are made to the case management systems.


Written Question
Secure Accommodation
Thursday 6th April 2023

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, further to the Written Answer by Lord Bellamy on 8 March (HL5707), what plans they have to improve the recording and publishing of data in relation to applications to deprive children of their liberty under the inherent jurisdiction.

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

HM Courts and Tribunals Service (HMCTS) are committed to making changes to internal case management systems to enable the routine publishing of data relating to applications to deprive children of their liberty under the inherent jurisdiction of the court, taking consideration of the data-related recommendations made within the Nuffield Family Justice Observatory report.

HMCTS are working with the Department of Education and the Nuffield Family Justice Observatory on how the current data can continue to be made available whilst the necessary changes are made to the case management systems.


Written Question
Children: Civil Liberties
Wednesday 8th March 2023

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, how many parents whose children were subject to applications to deprive them of their liberty under (1) the inherent jurisdiction of the High Court, and (2) a secure accommodation order, were legally represented during the court proceedings in the last five years; and what percentage of such parents this represents.

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

Information regarding legal representation of parents whose children were subject to applications to deprive them of their liberty under the inherent jurisdiction of the High Court is held by the government as unstructured information within the family court administrative system and the information requested could only be obtained at disproportionate cost.

Information regarding the number of respondents that were legally represented in cases where children were subject to applications to deprive them of their liberty under a secure accommodation order is provided in the table below (this does not include the children themselves who are always entitled to legal representation).

Applications for secure accommodation orders for children can, and often are, made as standalone applications following the conclusion of proceedings which may have taken place to remove the child from the care of their parents, meaning their involvement in the new proceedings may be limited which in turn may limit the requirement for legal representation. In other instances, proceedings may be made at the request of the parents themselves and they therefore work alongside the local authority without separate legal representation.

Cases / Respondents with Application for Secure Accommodation Order

Issued January 2018 to September 2022

Management Information

Year of Issue of Application

Cases*

Respondents**

Represented Respondents

% Represented

2018

499

886

185

21%

2019

483

856

152

18%

2020

379

682

141

21%

2021

389

714

133

19%

To end September 2022

222

406

60

15%

1,972

3,544

671

19%

* Cases with at least one application in the period for a secure accommodation order **Respondents include, but are not limited to, parents of the child.

† Representative is recorded on case management system as acting for the party

This is Management Information, the data is taken from a live management information system and can change over time and may differ from previously published data. In July 2022 the President of the Family Division launched a national deprivation of liberty (DOL) court at the Royal Courts of Justice for a pilot period of 12 months. This pilot is being monitored by the Nuffield Family Justice Observatory who have full access to the data. The Government will consider carefully the results of this pilot when they are available.


Written Question
Legal Aid Scheme
Thursday 14th July 2022

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the remarks by Lord Bellamy on 28 June (HL Deb, col 580) that Lord Stewart of Dirleton will lead on legal aid for the government in this House, due to Lord Bellamy’s previous independent review of criminal legal aid, whether this is a temporary arrangement during the period of industrial action by barristers; whether Lord Bellamy took this decision on the basis of advice; whether Lord Bellamy will be taking any ministerial decisions or authorising papers related to legal aid in his Ministerial role; and whether Lord Bellamy will be able to comment as a Minister on any aspects of the implementation of the review’s recommendations.

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

On appointment as Parliamentary Under Secretary of State in the Ministry of Justice on 7 June 2022, Lord Bellamy followed the process on declaration of interests as set out in the Ministerial Code, which includes taking account of advice received from the Independent Adviser. In light of his previous role as Chair of the Independent Review of Criminal Legal Aid and the advice received, he recused himself from any role in implementing the Review or deliberations regarding its consequences. Ministerial responsibility rests with Minister Dines. Provision will be made for other Ministers to answer for these matters in this House so that the recusal is properly observed.


Written Question
Support Through Court: Finance
Thursday 7th July 2022

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the article in the Guardian ‘Court support service under threat as Ministry of Justice pulls funding’, published on 19 June, and the comments of a Ministry of Justice spokesperson that “charities will soon be able to bid for new grant funding”, whether there will be a gap in the provision for Litigants in Person between the ceasing of funding for Support Through Court and whatever new provision they intend to make.

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

The Ministry of Justice recognises the pivotal role that organisations such as Support Through Court play in assisting litigants in person. The Ministry has agreed extensions to ensure continuity of funding, taking both the Litigants in Person Support Strategy and Legal Support for Litigants in Person grants to 30 September 2022. All organisations have been notified, including Support Through Court.

There will be new grant funding available soon for legal support for litigants in person throughout England and Wales. The details on the level of funding and how it will be administered are close to being finalised. There will be a competed process for determining which charities are awarded funding. I will write to the Noble Lord confirming the process shortly.


Written Question
Youth Custody
Tuesday 13th July 2021

Asked by: Lord Ponsonby of Shulbrede (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what steps they are taking to address problems in youth custody centres; and in particular Rainsbrook Secure Training Centre.

Answered by Lord Wolfson of Tredegar

The safety and wellbeing of children in custody is paramount. While the number of children in custody is at historically low levels, those in custody are a cohort with complex needs. We are committed to improving the safety and life chances for children in our care, investing in staff, education, psychology services and mental health support.

This is underpinned by SECURE STAIRS – the integrated framework of care led by the National Health Service (NHS) and Youth Custody Service (YCS) – which provides the foundations on working with children. We are also continuing to roll out the youth justice specialist role, and have provided funding for every prison officer in the youth secure estate to take up a degree level qualification to provide them with the skills and confidence to work with children in custody. As of March, there were 201 youth justice specialist officers already in post, with a further 319 staff signed up or undertaking the learning.

Following the Urgent Notification at Rainsbrook STC last December, the YCS ordered MTC (the provider) to take immediate action to address the unacceptable failings. This included ensuring all children in the Reverse Cohorting Unit had suitable access to services and more time out of their room. Whilst this has been achieved, significant issues around staffing, safety and on-site operational grip remain. These concerns have been further highlighted by a recently concluded Ofsted inspection, resulting in Urgent Notification being invoked on 18 June. As a result, work has begun to remove all children from Rainsbrook, transferring them to alternative appropriate accommodation within the youth secure estate. Separate to this, we are considering the future of the centre, with a further announcement to be made on this position in due course.