Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he discussed support for Saudi Arabia's judicial system at his meeting with that country's justice minister in London on 25 January 2022.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Secretary of State for Justice discussed a range of issues with his Saudi Arabian counterpart, including human rights, women’s rights and judicial reform.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the spouse of the Attorney General is permitted to be a serving judge.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
There is no legislative restriction on the spouse of the Attorney General being a serving judge. The Lord Chief Justice and the Senior President of Tribunals set out the requirements for Judicial Conduct in the Guide to Judicial Conduct, this applies to all judges in courts and tribunals, whether salaried or fee-paid, legal or nonlegal.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the spouse of the Director of Public Prosecutions is permitted to be a serving judge.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
There is no legislative restriction on the spouse of the Director of Public Prosecutions being a serving judge, nor on the spouse of a serving judge being the Director of Public Prosecutions. The Lord Chief Justice and the Senior President of Tribunals set out the requirements for Judicial Conduct in the Guide to Judicial Conduct, this which applies to all judges in courts and tribunals, whether salaried or fee-paid, legal or nonlegal.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of potential effect of changes to judicial review on Scots Law; and what consultation he has had with Scottish (a) political and (b) judicial representatives on that matter.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
Only one of the judicial review measures in the Judicial Review and Courts Bill applies to Scotland: removal of the Cart route of judicial review. This protects certain decisions of the Upper Tribunal from judicial review where the case relates to a reserved matter and will not have an adverse impact on Scots Law.
In developing the policy, the previous Lord Chancellor was in contact with the Cabinet Secretary for Justice in the Scottish Government. Ministry of Justice Ministers and officials will continue to work with their counterparts in the devolved Governments.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 24 June 2021 to Question 19709, Prisoners: Gender Recognition, what steps he is taking to ensure that the review will include an assessment of the compliance of policy with the rights of female prisoners under Article 3 of the Human Rights Act not to be subjected to inhuman or degrading treatment or punishment.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice (MoJ) and Her Majesty's Prison and Probation Service operational policy framework 'The Care and Management of Individuals who are Transgender' was published in 2019. A routine review of the implementation of this framework is underway. The stakeholders to be consulted as part of this review will be finalised in due course and will include a range of internal and external stakeholders.
The Government Legal Department advises the MoJ on policy and operational matters. Naturally, MoJ received full legal advice in the formulation of this policy framework and will do so, where appropriate, throughout the review to ensure that all people in prison and on probation are managed safely with their rights properly respected, and in accordance with the law.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 24 June 2021 to Question 19709 on Prisoners: Gender Recognition, which organisations are providing legal advice to inform that review.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice (MoJ) and Her Majesty's Prison and Probation Service operational policy framework 'The Care and Management of Individuals who are Transgender' was published in 2019. A routine review of the implementation of this framework is underway. The stakeholders to be consulted as part of this review will be finalised in due course and will include a range of internal and external stakeholders.
The Government Legal Department advises the MoJ on policy and operational matters. Naturally, MoJ received full legal advice in the formulation of this policy framework and will do so, where appropriate, throughout the review to ensure that all people in prison and on probation are managed safely with their rights properly respected, and in accordance with the law.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 24 June 2021 to Question 19709, Prisoners: Gender Recognition, which external stakeholders he is consulting as part of the review of the policy framework, The Care and Management of Individuals who are Transgender.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice (MoJ) and Her Majesty's Prison and Probation Service operational policy framework 'The Care and Management of Individuals who are Transgender' was published in 2019. A routine review of the implementation of this framework is underway. The stakeholders to be consulted as part of this review will be finalised in due course and will include a range of internal and external stakeholders.
The Government Legal Department advises the MoJ on policy and operational matters. Naturally, MoJ received full legal advice in the formulation of this policy framework and will do so, where appropriate, throughout the review to ensure that all people in prison and on probation are managed safely with their rights properly respected, and in accordance with the law.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 24 June 2021 to Question 19709, Prisoners: Gender Recognition what assessment he has made of the potential impact on the consultation process with external stakeholders of his Department's recent decision to withdraw from the Stonewall Diversity Champion Scheme.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice and Her Majesty's Prison and Probation Service policy framework 'The Care and Management of Individuals who are Transgender' was published in 2019. A routine review of the implementation and effectiveness of this policy is underway. The review will involve consultation with a range of internal and external stakeholders.
This review is entirely independent of the decision that the Ministry of Justice will not renew membership of the Stonewall Diversity Champions Scheme. We will carry on championing equality for all and our commitment to LGBT+ inclusion across the organisation is as strong as ever.
We will also continue to work with a wide range of external organisations, alongside our internal experts and thriving networks.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether a review is underway on the care of transgender prisoners.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice and Her Majesty's Prison and Probation Service policy framework 'The Care and Management of Individuals who are Transgender' was published in 2019. A routine review of the implementation and effectiveness of this policy is underway. The review will involve consultation with a range of internal and external stakeholders. We are working towards publishing refreshed policy and guidance in Spring 2022.
We will always ensure that transgender individuals are managed safely with their rights properly respected and in accordance with the law. We continue to consider all known risk factors when managing transgender offenders, including any risk to the person, risk to others and risk of self-harm.