Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent discussions the Government has had with the Council of Europe on the ruling of the European Court of Human Rights that a blanket ban against prisoner voting contravenes Article 3 of Protocol No. 1 of the European Convention on Human Rights.
Answered by Phillip Lee
The Government is clear that convicted prisoners in custody should not vote. At the same time, we are addressing an anomaly which allows those offenders on Home Detention Curfew to vote but not offenders who are released on temporary licence
We believe these administrative proposed measures address the points raised in the 2005 Hirst judgment on prisoner voting rights by the European Court of Human Rights. The measures will be considered by Council of Europe’s Committee of Ministers at their meeting in Strasbourg in December.
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of an electronic system for the delivery, receipt and return of the Writ at UK parliamentary elections.
Answered by Dominic Raab
There are no immediate plans to do so. The process for serving election Writs is set out in the Representation of the People Act 1983. However, the Government continues to work with the Law Commissions, as well as other stakeholders such as the Electoral Commission, to streamline the electoral process.
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what progress her Department has made on implementing the recommendations of the review on the care and management of transgender offenders, published in November 2016 on the safeguarding of transgender prisoners on the prison estate.
Answered by Sam Gyimah
The National Offender Management Service’s new Instruction ‘The Care and Management of Transgender Offenders’, published on 9 November 2016, drew on the conclusions of the Ministry of Justice Review of transgender offenders. It both replaced the earlier Prison Service Instruction and extended its scope to include transgender offenders in the community. The new Instruction was fully implemented on 1 January 2017, following a transitional period of operation. Staff are being supported in the implementation of the new arrangements through guidance and training.
Our top priority is the welfare of those in our custody and following a thorough review, we have taken action to improve the way we manage and support transgender offenders.
We are committed to making prisons places of safety and reform and have invested in specialist mental health training for prison officers as well as launching a suicide and self-harm reduction project.
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many convictions there have been for the possession, purchase or acquisition without authority of (a) stun guns and (b) tasers under the Firearms Act 1968 in each of the last 10 years.
Answered by Sam Gyimah
This specific information is not held centrally and could only be obtained at disproportionate cost.
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what proportion of personal independence payment appeals were successful in (a) Lancaster and Fleetwood constituency and (b) the UK in each month in 2014 and 2015,
Answered by Shailesh Vara
The First-tier Tribunal – Social Security and Child Support (SSCS) administered by HM Courts & Tribunals Service (HMCTS), hears appeals against Department for Work and Pensions’ (DWP) decisions on a range of benefits including Personal Independence Payment (PIP).
Appeals lodged with the Tribunal are not recorded on a constituency basis, but by the office which dealt with the case. Appellants living in the Lancaster and Fleetwood1 constituency have their appeals heard in one of three SSCS hearing venues: Lancaster, Barrow or Blackpool.
The following table provides information on the proportion of PIP appeals which were decided in favour of the appellant in Lancaster, Barrow and Blackpool venues and Great Britain2 each month from January 2014 to September 2015 (the latest period for which figures are available).
Percentage of PIP appeals heard by a tribunal found in favour of the appellant3 | ||
| Lancaster, Barrow, Blackpool | Great Britain |
January 2014 | ~ | 15% |
February 2014 | 0% | 13% |
March 2014 | 33% | 41% |
April 2014 | 50% | 36% |
May 2014 | ~ | 28% |
June 2014 | 0% | 37% |
July 2014 | 38% | 46% |
August 2014 | 80% | 38% |
September 2014 | 0% | 43% |
October 2014 | 67% | 50% |
November 2014 | 29% | 50% |
December 2014 | 70% | 52% |
January 2015 | 46% | 53% |
February 2015 | 60% | 53% |
March 2015 | 60% | 52% |
April 2015 | 28% | 55% |
May 2015 | 31% | 55% |
June 2015 | 43% | 59% |
July 2015 | 57% | 57% |
August 2015 | 54% | 61% |
September 2015 | 43% | 61% |
[1] Note: SSCS data are recorded by the office that dealt with the case, and if the case went to oral hearing, the location of the Tribunal hearing is normally the hearing venue nearest to the appellant’s home address. Data cannot be retrieved based on the appellant’s actual address but can be produced detailing the numbers of cases that were dealt with at one of our Regional centres or heard at a specific venue.
[2] HMCTS administer appeals received from appellants living in England, Scotland and Wales. The Appeals Service, part of the Northern Ireland Courts and Tribunals Service, administers appeals from appellants living in Northern Ireland.
[3] Some of the percentages for Lancaster, Barrow and Blackpool are based on very low volumes and so can be volatile and should be treated with caution. The symbol ~ advises no appeals cleared at tribunal.
Note: Cleared at tribunal hearing excludes those cases disposed of without the need of a hearing (i.e. decisions retrospectively superseded by the First-Tier Agencies and those stuck out or withdrawn prior to hearing)
Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale case management system and are the best data available.
The data may differ slightly to that of the published stats as these data were run on a different date.
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to monitor the number of trans prisoners; and what definition his Department uses of a trans person.
Answered by Caroline Dinenage
As the Minister for Prisons, Andrew Selous MP, committed to the House on 20 November 2015, NOMS is currently looking at ways to facilitate the collection and recording of information relating to transgender status as part of our wider review of care and management of transgender offenders. This is within the restrictions of the GRA which means if someone has a GRC they don't have to disclose former gender. The Equality Act 2010 clearly sets out the definition.
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that its review of the care and management of trans prisoners consults trans stakeholders; and which trans stakeholders his Department plans to consult during that review.
Answered by Caroline Dinenage
The terms of reference for the review of the care and management of transgender offenders were published on 8 December. The review is in its early stages. We are in the process of identifying a wide range of stakeholders with whom to engage and are keen to hear from all those with an interest. A copy of the terms of reference are available at:
(https://www.gov.uk/government/speeches/review-into-the-care-and-management-of-transgender-offenders).
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, for what reasons his Department has not included a trans woman as an advisor to its review on trans prisoners.
Answered by Caroline Dinenage
The terms of reference for the review of the care and management of transgender offenders were published on 8 December. The review is in its early stages. We are in the process of identifying a wide range of stakeholders with whom to engage and are keen to hear from all those with an interest. A copy of the terms of reference are available at:
(https://www.gov.uk/government/speeches/review-into-the-care-and-management-of-transgender-offenders).
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many prisoners received into prison in the last 12 months were identified as transgender.
Answered by Caroline Dinenage
This information is not held centrally. As my Honourable Friend, the Parliamentary Under Secretary of State for Prisons, Probation and Rehabilitation, committed to the House on 20 November, my Department will publish data on the number of trans people in prison in due course.
Asked by: Cat Smith (Labour - Lancaster and Wyre)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many transgender prisoners received into prison in the last 12 months have been held in the segregation unit.
Answered by Caroline Dinenage
This information is not held centrally. As my Honourable Friend, the Parliamentary Under Secretary of State for Prisons, Probation and Rehabilitation, committed to the House on 20 November, my Department will publish data on the number of trans people in prison in due course.