Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many court warrants to forcibly enter homes requested by energy suppliers' debt agents have been refused by magistrates since July 2021.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The information requested could only be obtained at disproportionate cost.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to his contribution of 10 January, Official Report column 422, when he plans to raise concerns with the judiciary about the scrutiny applied to warrants for forcible prepayment meter installations; and if he will make a statement on the outcome of those discussions.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Further to my response on 10 January 2023, I am in the process of raising the matter with the senior judiciary, and at this stage do not plan on making a statement.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has had recent discussions with HM Courts and Tribunals Service on warrants issued for forcible prepayment meter installations.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Under the applicable statutory framework, a justice of the peace will deal with applications made in the manner prescribed by law and procedure. HM Courts and Tribunals Service administer those applications in the same manner. My Department has no right or role to intervene in that process, or to interfere in the administration of justice.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if his Department will take steps to create a central record of the reasons for which court warrants allowing energy suppliers to force entry into people's homes are granted.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Under the applicable statutory framework, in order to grant a warrant to enforce a right of entry, a justice must be satisfied that:
While the department has no plans to introduce a central record of the reasons for granting warrants, because all successful applications for a warrant of entry are granted on the same basis, applications are inputted and processed through a central register.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what discussions his Department has had with the courts on properly ensuring that prepayment meter installations under court warrants are being done on a case-by-case basis.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Gas Act 1986 and the Electricity Act 1989 give utility suppliers a right of entry to premises to fit a prepayment meter in the event of payment default. Where that right cannot be exercised, for example where access is denied or the premises are vacant, the provider can apply to a justice of the peace for a warrant to enforce the right.
Prior to such an application, a notice is sent to the occupier of the premises to the effect that such an application will be made, and that if the occupier wishes to make representations concerning the application, it can be listed at a convenient local court.
Applications are dealt with by the justice of the peace in the manner prescribed by law and procedure. My Department has no right or role to intervene in that process, or to interfere in the administration of justice.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the potential impact of the permanent closure of courts since 2010 on trends in the level of the backlog of court cases.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The decision to close any court is not taken lightly, it only happens following full public consultation and only when effective access to justice can be maintained. Courts that have closed were either underused, dilapidated or too close to one another.
The pandemic caused significant disruption to the justice system and caused the outstanding caseload to build up. In the Criminal courts this was further impacted by the Criminal Bar Association disruptive action. Prior to the pandemic the outstanding caseload in the Crown Court had reduced significantly from 46,100 in 2010 to 38,300 in 2019.
To ensure that courts can work at full capacity to deliver swift justice for victims and reduce the outstanding caseload we have extended 30 Nightingale courtrooms beyond the end of March 2022 and opened two new super courtrooms in Manchester and Loughborough.
We continue to monitor operational needs across the estate and will ensure there is always capacity to hear cases and deliver justice.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 8 June to Question 11833 on Aiding and Abetting: Convictions, what his Department has made in investigating the best way to capture data about joint enterprise on the Common Platform.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
HMCTS has developed technical options in respect of a result or flag which will allow a user, in consultation with Crown Prosecution Service, to identify cases involving joint enterprise which can then be collated and reported on by HMCTS.
Following evaluation of these options the recommended solution will then follow a governance and prioritisation process before being scheduled for delivery. Once the relevant data is captured on the Common Platform, officials will be able to assess which further steps would need to be undertaken for it to be measured and reported on correctly.
This data may then, with further work, be made publishable as a national statistic.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the potential impact of fixed recoverable costs on the ability of housing legal aid providers to carry out legal aid work.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The extension of Fixed Recoverable Costs (FRC) will control legal costs and make them more certain. We have exceptionally decided to delay the extension of FRC to legally aided housing possession cases for two years. Lord Bellamy KC met the Housing Law Practitioners Association (HLPA) to discuss the impact of FRC on 23 September 2022 and there have been subsequent discussions between HLPA and MoJ officials. The government will continue to keep FRC and its impact on legal aid under review.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an estimate of the cost of keeping official statistics on the number of convictions that rely on the law of joint enterprise.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
HMCTS is currently investigating the best way to capture data about joint enterprise on the Common Platform – the new courts IT system. The cost of this will depend on the complexity of the change and the effort required to develop, test and implement it.
Once the relevant data is captured on the Common Platform, officials will be able to assess which further steps would need to be undertaken for it to be measured and reported on correctly. This data may then, with further work, be made publishable as a national statistic.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to widen access to justice for people applying for settlement under the Immigration Rules.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
Legal aid has been and will continue to be available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children and for immigration cases where someone is challenging a detention decision.
Where an issue falls outside the scope of legal aid, funding may still be available through the Exceptional Case Funding (ECF) Scheme.
We are expanding legal aid provision through the Nationality and Borders Bill, facilitating access to justice for individuals applying under the Immigration Rules.
We are providing up to seven hours of legal advice without the need for financial eligibility testing for individuals at risk of priority removal from the country, alongside legal advice for potential victims of modern slavery, to ensure that potential victims can be properly identified and supported throughout the process.
We are reviewing responses received to our call for evidence on immigration legal aid fees and the online tribunal procedure. We will publish a consultation on new immigration legal aid fees in this year.