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Written Question
Divorce: Children
Thursday 25th January 2024

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, which Ministers are responsible for reviewing the (a) law and (b) practice relating to the provision of support for children whose parents separate or divorce.

Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)

Ministers work closely across government to support children, including those going through parental separation or divorce.

The Ministry of Justice (MoJ) is responsible for private family law, which includes child arrangements upon separation, marriage and divorce. The Parliamentary Under-Secretary of State at the MoJ responsible for this is Lord Bellamy KC.

David Johnston MP, the Parliamentary Under Secretary of State for Children, Families and Wellbeing at the Department for Education, works closely with Lord Bellamy KC at the MoJ, including through jointly chairing the national Family Justice Board, which is focused on providing the best possible outcomes for the children and families that come into contact with the family justice system.


Written Question
Law Commission
Thursday 3rd November 2022

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, in what years the requirement to report on implementation and non-implementation of Law Commission proposals has not been met since 2010; and when he expects to publish this year's report.

Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)

The Government’s report on the implementation of Law Commission proposals was published in line with requirements between 2010 and the publication of the last report in 2018. A draft of the next report, including updates on all relevant proposals since then, is currently being prepared and is expected to be laid before Parliament as soon as practicable.


Written Question
Prosecutions: Maladministration
Thursday 20th October 2022

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many errors have been made in cases determined under the single justice procedure in magistrates' courts in each of the last five years; and what errors these were.

Answered by Gareth Johnson

There is no definition of what constitutes an error in criminal proceedings and therefore no data is collected.


Written Question
David Parker
Thursday 21st July 2022

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, when his Department was first informed of the 21 June 2021 Court of Appeal judgment in the case of Parker v. Financial Conduct Authority; on what dates his Department received subsequent communication from David Parker or his Member of Parliament; and if he will make a statement on the reasons for which a payment has not yet been agreed with David Parker.

Answered by Sarah Dines

The Court of Appeal judgment in the case of Parker v. Financial Conduct Authority was handed down on 25 June 2021 and in the public domain from that point. A letter from Mr Parker’s solicitors, addressed to the Secretary of State, was received on 18 October 2021 informing him of the Court of Appeal judgment and seeking compensation for Mr Parker’s loss. An initial holding response was sent by the HM Courts & Tribunals Service Customer Investigations Team on the 3 December 2021.

Letters from Mr Parker’s solicitors were received by the Ministry of Justice on 18 October 2021, 9 February 2022 and 7 March 2022. HM Courts & Tribunal Service Customer Investigations Team replied to these on the 3 December, 11 February and 31 March 2022. Ministerial correspondence was also received from the Honourable Gentleman on 16 and 30 November and 2 and 6 December 2021, to which former minister James Cartlidge MP replied on 14 December, and 4 April 2022, following which the Government Legal Department wrote to Mr Parker’s solicitors on 8 April. Emails from the Honourable Gentleman’s office were received on 7, 8, 13, 21, 28 June, and 6, 12, 14, and 18 July. Replies to these were sent from MoJ officials on 8 and 14 June, and 13, 15, and 18 July.

The Government Legal Department has written to Mr Parker’s solicitors outlining the Government position. It would not be right to comment on the specifics of this.


Written Question
Richard Davidoff
Monday 14th March 2022

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, to review the conduct of Richard Davidoff in his role as a court appointed managing agent.

Answered by James Cartlidge - Minister of State (Ministry of Defence)

Under section 24 of the Landlord and Tenant Act 1987, a tenant can apply to the Tribunal for the appointment of a manager. Tenants can also apply to the Tribunal for it to discharge or vary an order that has already been made. Tribunal decisions are only challengeable on appeal.

The link below provides useful background information:

https://www.lease-advice.org/advice-guide/what-does-appointing-a-manager-mean/

The Tribunal does not have any powers to carry out an independent investigation or review performance of a court appointed managing agent.


Written Question
Property: Confiscation Orders
Monday 14th March 2022

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, when the payment recommended by Lady Justice Andrews in case 2019 04229 B3 with neutral citation [2021] EWCA Crim 956 and as requested in TO 23914037 will be made; and for how long that payment has been under consideration.

Answered by James Cartlidge - Minister of State (Ministry of Defence)

The correspondence in this case has been under consideration since 26 October 2021 and relates to a complex appeal. The Ministry of Justice is required to consider all the relevant information before making a decision about potential payments on an individual case and hopes to provide a response shortly.


Written Question
Ex Gratia Payments
Monday 29th November 2021

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Court of Appeal judgement, [2021] EWCA Crim 956, if he will make an ex gratia payment to the appellant in accordance with paragraph 104 of that judgement.

Answered by James Cartlidge - Minister of State (Ministry of Defence)

Ex gratia offers are discretionary, and the Ministry of Justice is required to consider all the relevant information before making a decision on an individual case. Correspondence relating to this specific case is currently being considered.


Written Question
Prisoners: Hepatitis
Tuesday 14th May 2019

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to support NHS England's plan to eliminate Hepatitis C in England by 2025, especially with regard to the prison service.

Answered by Edward Argar - Minister of State (Ministry of Justice)

We recognise the unique opportunity that custody offers to identify and encourage individuals with Blood Borne Viruses (BBVs) to engage in treatment. NHS England are responsible for commissioning and delivering health services in prisons and Her Majesty’s Prison and Probation Service (HMPPS) are responsible for enabling access to healthcare services for those in custody. We are fully supportive of the work being done by NHS England and Public Health England to meet the 2025 target for the elimination of Hepatitis C in England.

An opt-out policy for BBV testing was introduced in 2013, under the previous National Partnership Agreement for Prison Healthcare in England (NPA) between NHS England (NHSE), Public Health England (PHE) and HMPPS (then NOMS). Full implementation of the opt-out testing policy for BBVs in all adult prisons in England was achieved in March 2018. Since opt-out testing was introduced, the uptake of BBV testing in prisons has increased from a baseline of 4% to 29%. This figure is an aggregate for all prisons, with some far exceeding the average uptake. This shared commitment to tackling the spread of infectious diseases, including Hepatitis B, Hepatitis C and HIV, in prisons was reaffirmed in the new NPA between NHSE, PHE, HMPPS, the Department of Health and Social Care (DHSC) and MoJ, published in April 2018.

We continue to work with our health partners to identify points of attrition and barriers to testing uptake, as well as with organisations, such as the Hepatitis C Trust, to raise awareness among prison staff and prisoners about the importance of testing for BBV.

We are currently reviewing the process by which defendants access essential medication whilst in the custody of the Prisoner Escort and Custody Services to ensure that it is fit for purpose and to consider further improvements. Additionally, current processes for Discharge Planning will be enhanced as a part of the Hepatitis C Pathways work being carried out by NHS England. This will ensure that individuals diagnosed with Hepatitis C who leave prison, transfer between prisons and attend court have their medication with them and have detailed instructions about accessing treatment specialists in the community. Treatment for Hepatitis C uses high value drugs, and ensuring that the full course follows the individual through the criminal justice system is a high priority for NHS England. Current processes will also be augmented by Hepatitis C Trust community peer workers engaging with people leaving prison, and through enhanced continuity of care arrangements under RECONNECT as outlined in the NHS Long Term Plan.


Written Question
Prisoners: Viral Diseases
Tuesday 14th May 2019

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to address the variation in (a) practice and (b) uptake of opt-out testing for blood borne viruses such as hepatitis C and HIV in prisons.

Answered by Edward Argar - Minister of State (Ministry of Justice)

We recognise the unique opportunity that custody offers to identify and encourage individuals with Blood Borne Viruses (BBVs) to engage in treatment. NHS England are responsible for commissioning and delivering health services in prisons and Her Majesty’s Prison and Probation Service (HMPPS) are responsible for enabling access to healthcare services for those in custody. We are fully supportive of the work being done by NHS England and Public Health England to meet the 2025 target for the elimination of Hepatitis C in England.

An opt-out policy for BBV testing was introduced in 2013, under the previous National Partnership Agreement for Prison Healthcare in England (NPA) between NHS England (NHSE), Public Health England (PHE) and HMPPS (then NOMS). Full implementation of the opt-out testing policy for BBVs in all adult prisons in England was achieved in March 2018. Since opt-out testing was introduced, the uptake of BBV testing in prisons has increased from a baseline of 4% to 29%. This figure is an aggregate for all prisons, with some far exceeding the average uptake. This shared commitment to tackling the spread of infectious diseases, including Hepatitis B, Hepatitis C and HIV, in prisons was reaffirmed in the new NPA between NHSE, PHE, HMPPS, the Department of Health and Social Care (DHSC) and MoJ, published in April 2018.

We continue to work with our health partners to identify points of attrition and barriers to testing uptake, as well as with organisations, such as the Hepatitis C Trust, to raise awareness among prison staff and prisoners about the importance of testing for BBV.

We are currently reviewing the process by which defendants access essential medication whilst in the custody of the Prisoner Escort and Custody Services to ensure that it is fit for purpose and to consider further improvements. Additionally, current processes for Discharge Planning will be enhanced as a part of the Hepatitis C Pathways work being carried out by NHS England. This will ensure that individuals diagnosed with Hepatitis C who leave prison, transfer between prisons and attend court have their medication with them and have detailed instructions about accessing treatment specialists in the community. Treatment for Hepatitis C uses high value drugs, and ensuring that the full course follows the individual through the criminal justice system is a high priority for NHS England. Current processes will also be augmented by Hepatitis C Trust community peer workers engaging with people leaving prison, and through enhanced continuity of care arrangements under RECONNECT as outlined in the NHS Long Term Plan.


Written Question
Prisoners: Hepatitis
Tuesday 14th May 2019

Asked by: Peter Bottomley (Conservative - Worthing West)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps the Government is taking to improve continuity and cooperation between the courts, prisons and probation services to ensure that offenders have their hepatitis C medication with them when transferred between different settings.

Answered by Edward Argar - Minister of State (Ministry of Justice)

We recognise the unique opportunity that custody offers to identify and encourage individuals with Blood Borne Viruses (BBVs) to engage in treatment. NHS England are responsible for commissioning and delivering health services in prisons and Her Majesty’s Prison and Probation Service (HMPPS) are responsible for enabling access to healthcare services for those in custody. We are fully supportive of the work being done by NHS England and Public Health England to meet the 2025 target for the elimination of Hepatitis C in England.

An opt-out policy for BBV testing was introduced in 2013, under the previous National Partnership Agreement for Prison Healthcare in England (NPA) between NHS England (NHSE), Public Health England (PHE) and HMPPS (then NOMS). Full implementation of the opt-out testing policy for BBVs in all adult prisons in England was achieved in March 2018. Since opt-out testing was introduced, the uptake of BBV testing in prisons has increased from a baseline of 4% to 29%. This figure is an aggregate for all prisons, with some far exceeding the average uptake. This shared commitment to tackling the spread of infectious diseases, including Hepatitis B, Hepatitis C and HIV, in prisons was reaffirmed in the new NPA between NHSE, PHE, HMPPS, the Department of Health and Social Care (DHSC) and MoJ, published in April 2018.

We continue to work with our health partners to identify points of attrition and barriers to testing uptake, as well as with organisations, such as the Hepatitis C Trust, to raise awareness among prison staff and prisoners about the importance of testing for BBV.

We are currently reviewing the process by which defendants access essential medication whilst in the custody of the Prisoner Escort and Custody Services to ensure that it is fit for purpose and to consider further improvements. Additionally, current processes for Discharge Planning will be enhanced as a part of the Hepatitis C Pathways work being carried out by NHS England. This will ensure that individuals diagnosed with Hepatitis C who leave prison, transfer between prisons and attend court have their medication with them and have detailed instructions about accessing treatment specialists in the community. Treatment for Hepatitis C uses high value drugs, and ensuring that the full course follows the individual through the criminal justice system is a high priority for NHS England. Current processes will also be augmented by Hepatitis C Trust community peer workers engaging with people leaving prison, and through enhanced continuity of care arrangements under RECONNECT as outlined in the NHS Long Term Plan.