Asked by: Melanie Onn (Labour - Great Grimsby)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the susceptibility of the lasting power of attorney process to fraud.
Answered by Edward Argar - Minister of State (Ministry of Justice)
OPG are aware of 2 cases of the fraudulent creation of LPAs in the last 6 months – out of over 890,000 registered in 2018/19. We are not aware of any concerns of fraud being raised with the OPG in relation to the process of creating LPAs in the previous 5 years. Both cases have been thoroughly investigated and a lessons learned exercise conducted – part of which was an assessment of the process of registering an LPA. We have extremely good working relationships with the financial and legal sectors – and work closely with them to ensure that our processes together do all they can to eliminate fraud.
As of 31st March 2019, OPG had 3,906,416 powers of attorney and deputyship orders on its register and in the financial year 2018/19 we undertook 2,883 investigations covering a whole range of issues. This represented 0.07% of the total powers on the register. And only in 25% of those cases was there any need for court action in relation to the deputy or attorney albeit not all court applications were for removal of an attorney or deputy, some applications relate to requests for information or clarifying a person’s capacity. Where, as a result of an investigation, OPG has evidence that fraud may have taken place we will make a referral to the relevant police authority.
Asked by: Melanie Onn (Labour - Great Grimsby)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will seek to quash convictions for child prostitution of any victim of child abuse.
Answered by Phillip Lee
There is not an offence of child prostitution. Section 1 of the Street Offences Act was amended by section 68(7) of the Serious Crime Act 2015 so that the offence of loitering or soliciting applies only to persons aged 18 or over. In so doing, it recognises children as victims in such circumstances.
Before the statutory amendment was introduced the legislation applied equally to adults and children, although policing guidance and legal guidance to prosecutors advised that it was not in the public interest to prosecute anyone under the age of 18. The legislation in 2015 confirmed the position in law.
The Secretary of State does not have the power to quash a conviction and there are currently no plans to extend the statutory pardon scheme for historical criminal convictions, including those for child prostitution.
Asked by: Melanie Onn (Labour - Great Grimsby)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department is in communication with iNHouse Communications Ltd in relation to any ongoing commercial tender process.
Answered by Phillip Lee
Between April 2011 and March 2016 the Ministry of Justice has not awarded any contracts to iNHouse Communications Ltd.
The information requested cannot be disclosed as it would prejudice the commercial interests of Ministry of Justice as well as the third party organisations currently taking part in tender exercises across the department.
Asked by: Melanie Onn (Labour - Great Grimsby)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department has awarded any commercial contracts to iNHouse Communications Ltd in the last five years.
Answered by Phillip Lee
Between April 2011 and March 2016 the Ministry of Justice has not awarded any contracts to iNHouse Communications Ltd.
The information requested cannot be disclosed as it would prejudice the commercial interests of Ministry of Justice as well as the third party organisations currently taking part in tender exercises across the department.