Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to their response to the report from the House of Commons Justice Select Committee, Private prosecutions: safeguards (9th Report, Session 2019–21), in which they confirmed that a registry of private prosecutions would be made available, why this has not yet been made available; when this is expected to be made available; and how much taxpayer money was paid to legal firms prosecuting private prosecutions (other than legal aid) between 2015 and 2023.
Answered by Lord Stewart of Dirleton
In 2020, the Justice Select Committee (JSC) undertook a review of private prosecutions and provided nine recommendations.
The Government agreed to two of these recommendations:
Private Prosecution Register
In the Government’s response to the JSC report, we agreed that a central register of private prosecutions would be introduced to include the names of the prosecutor and defendant, the offence in question, and whether the summons application was granted. This register was introduced by HMCTS in late 2021.
The register is not publicly accessible, and it was neither a recommendation made by the JSC report nor an undertaking agreed by the Government for it to be. The register contains personal data including where people have been accused of crimes where the court found there were no grounds to commence a prosecution. The register is a court record and there are no grounds provided under rules of court, the Data Protection Act 2018 or the Freedom of Information Act 2000 for these personal details to be released to the public.
Requests for non-personal information from the register are accessible through a Freedom of Information request to HMCTS.
Cost of Private Prosecutions
The Government has committed to bringing forward legislation to ensure costs recoverable from central funds by a private prosecutor are limited in the same way as costs recoverable by an acquitted defendant and will enact this when parliamentary time allows.
The assessment of claims and payment of prosecutors’ costs out of central funds for cases brought in the magistrates’ court and Crown Court is undertaken by the Legal Aid Agency’s (LAA) Criminal Cases Unit (CCU) unless the court summarily assesses the claim under s.17(2B) of the Prosecution of Offences Act 1985. Information about central funds expenditure, including private prosecutions, is published on a quarterly basis within the LAA’s official statistics. A copy of the relevant data is attached at Annex A.
Other Recommendations
Sir Wyn Williams’ Post Office Horizon IT Inquiry is examining, in detail, the failings that led to the Post Office scandal. It is possible that this will provide insight on the extent to which the private prosecution regime played a role in this particular injustice.
The Government is, however, examining the wider question of private prosecutions and is therefore committed to looking again at the Justice Select Committee’s recommendations in their 2020 report as part of this work.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what plans they have to update the measures in place to address flooding of the River Thames and to alleviate the damage it causes to so many.
Answered by Lord Douglas-Miller
The Environment Agency and other Risk Management Authorities are delivering a programme of flood alleviation measures on the River Thames and its tributaries which are at different stages of consenting and approvals. This includes a major flood alleviation scheme at Oxford, the River Thames Scheme between Egham and Teddington, the Thames Valley Flood Scheme and the Datchet to Hythe End Flood Improvement Measures project, alongside a range of smaller projects. Subject to approvals, these schemes will reduce flood risk and provide wider benefits to tens of thousands of homes and businesses.
In addition to this, the Environment Agency operates its existing assets and carries out river maintenance to ensure the Thames and its tributaries flow effectively. During Storm Henk, these existing measures protected approximately 11,000 properties from flooding throughout the Thames Valley. The Environment Agency and partners regularly engage with communities along the Thames to support and advise them on measures they can take to prepare for and improve their resilience to flooding.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Department for Energy Security & Net Zero:
To ask His Majesty's Government what action they are taking against energy suppliers who issue exaggerated gas and electricity back-bills where the calculation is based on (1) incorrect readings, or (2) readings not submitted or approved by the tenant being charged.
Answered by Lord Callanan - Shadow Minister (Foreign, Commonwealth and Development Office)
Ofgem are responsible for enforcing supplier licence conditions. Tenants should take a meter reading as soon as they move into a property. Customers will not be responsible for energy bills with incorrect meter readings and can request a new bill from their supplier if they have been billed incorrectly.
Residential tenants are responsible for paying energy bills from the start date of their tenancy only. For non-domestic tenants, Ofgem's recent non-domestic market review found some issues with changing of tenancies, including debt repayment issues from previous tenants. The Retail Energy Code Company is working on new rules in this area.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what assessment they have made of the potential impact of (1) improved water flow at the Sunbury lock weir system, and (2) increased river volume capacity that would arise from dredging of the non-tidal Thames below Eton, upon likely levels of flooding and damage to homes and businesses; and whether the River Thames Scheme will be used to achieve this.
Answered by Lord Douglas-Miller
The River Thames Scheme has assessed the impact of increasing the capacity of the weirs on the lower part of the Thames, including at Sunbury. Increasing the capacity of the weir will reduce flood risk in the Sunbury Reach and the capacity will be increased as part of the River Thames Scheme.
The River Thames Scheme will reduce flood risk by creating a flood alleviation channel in two sections, increasing the capacity of three weirs at Sunbury, Molesey and Teddington, and channel deepening on the Thames near Walton. Widespread dredging was considered as one of the options during the appraisal phase of the scheme, but it was found to only have a very modest reduction in flood risk and was not an economically viable option.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Department for Energy Security & Net Zero:
To ask His Majesty's Government what assessment they have made of the risk that energy suppliers may collude with landlords in a way which is detrimental to tenants, and what steps they are taking to prevent this.
Answered by Lord Callanan - Shadow Minister (Foreign, Commonwealth and Development Office)
Ofgem has guidance for tenants, setting out their energy rights, and includes rules regarding the resale of energy to third parties, such as tenants. Landlords, being the property owners, are the legal parties in contracts with energy suppliers. The Department's energy policy does not regulate landlords.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government what assessment they have made of the case for recognising the actions by the Young Turk and Kemalist regimes against Pontic Greeks between 1914 and 1923 as a genocide.
Answered by Lord Ahmad of Wimbledon
The UK's longstanding position is that determining whether a situation amounts to genocide is an issue for competent national and international courts after consideration of all of the available evidence, rather than a decision by Governments or non-judicial parties. For this reason, the UK has not made an assessment of this case.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they are planning to provide mental health support to the descendants of Pontian refugees who suffered a genocide between 1914 and 1923, as recognised by the International Association of Genocide Scholars.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
Mental health support is available to anyone in England experiencing mental ill health including as a result of these past events.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Home Office:
To ask His Majesty's Government, further to the Written Answer by Lord Murray of Blidworth on 26 September (HL10323), in view of the current backlog of asylum cases, what plans they have to allow asylum seekers to work if their claim has been outstanding for nine months or more, as opposed to 12 months or more.
Answered by Lord Murray of Blidworth
Whilst we keep all policies under review, there are no plans to change the existing policy, which allows asylum seekers with pending claims to work after 12 months, restricted to jobs on the Shortage Occupation List. Our policy position distinguishes between those who need protection and those seeking to work here who should instead apply for a work visa under the Immigration Rules. Individuals in need of protection should not make perilous journeys in order to seek employment in the United Kingdom, instead they should claim asylum in the first safe country they reach.
There are also various legal routes for those seeking to work in the UK under the Points-Based System. These routes include Skilled Worker, Global Talent, and Health and Care routes, which are supporting UK businesses to recruit workers with the skills and talent they need from around the world.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Home Office:
To ask His Majesty's Government what assessment they have made of the case for allowing asylum seekers to work and cover the cost of their own living expenses.
Answered by Lord Murray of Blidworth
There are no plans to change the existing policy, which allows asylum seekers to work if their claim has been outstanding for 12 months or more, through no fault of their own. It is important that our approach distinguishes between those who need protection and those seeking to work here who should apply for a work visa under the Immigration Rules. Asylum seekers do not need to make perilous journeys in order to seek employment in the United Kingdom, and we are concerned such a change could be a further pull factor.
The Home Office has a legal obligation, as set out in the Immigration and Asylum Act 1999, to support asylum seekers (including any dependants) who would otherwise be destitute. This may include the provision of accommodation and/or subsistence support.
The level of the allowance given to those supported under 1999 Act is reviewed each year to ensure it covers asylum seekers’ essential living needs.
Asked by: Lord Stone of Blackheath (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the trends in the funding of private prosecutions; and what steps they are taking to ensure that privately-funded prosecutions are not misused in ways that are counter to the public interest.
Answered by Lord Bellamy
Under s.17 of the Prosecution of Offences Act 1985 the court has the power to order the payment from central funds of such amount as the court considers reasonably sufficient to compensate the prosecutor for any expenses properly incurred by them in the proceedings.
Responsibility of assessing claims and administering payment of criminal claims out of central funds for work done in the magistrates’ court and Crown Court are assessed by the Legal Aid Agency’s (LAA) Criminal Cases Unit (CCU) unless the court summarily assesses the claim under s.17(2B) of the Prosecution of Offences Act 1985.
Information about central funds expenditure, including private prosecutions, is published on a quarterly basis within the LAA’s official statistics. The statistics provide useful management information to inform policy and legislative changes. A copy of the relevant data is attached.
The Justice Select Committee (JSC) considered safeguards in private prosecutions in 2021. They found that private prosecutions are rigorously tested, and weak ones filtered out. The Government agrees that, in most cases, existing safeguards work to prevent private prosecutions being misused.
In accordance with recommendations set out in the JSC report a private prosecutions register has been established for the magistrates’ courts in England and Wales. This enables the court or an authorised legal adviser, deciding whether to issue a summons to commence proceedings, to identify whether an application has already been determined or has been made by a vexatious litigant so that it can, where appropriate, be refused expeditiously.
The Criminal Procedure Rules have been amended so that they list the circumstances in which magistrates’ courts may refuse to issue a summons. The rules now also require summonses that are issued on the application of a private prosecutor to identify the prosecutor. This is intended to make it easier for defendants to refer their case to the Director of Public Prosecutions to consider taking over the case under s.6(2) of the Prosecution of Offences Act 1985.
As set out in its response to the JSC report, the Government is committed to introducing legislation to limit the amount of costs a private prosecutor can recover from central funds, mirroring the arrangements already in place for private paying defendants, where recoverable costs are capped at legal aid rates.