Asked by: Stephen Lloyd (Liberal Democrat - Eastbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what criteria his Department uses to determine the allocation of legal aid; and how his Department assesses the claims of families of victims of terrorist attacks against that criteria.
Answered by Paul Maynard - Parliamentary Under-Secretary (Department for Work and Pensions)
All individual case funding decisions are taken by the Legal Aid Agency (LAA). It is important that these decisions are, and are seen to be, free from political and Government influence.
Legal aid can be provided, if the matter or issue in question is within scope of the legal aid scheme, as defined in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
Legal aid is available for advice and assistance for all inquests, subject to a means and merits test. Legal aid funding for legal representation for a family, during an inquest hearing, is not in scope of LASPO.
The Government recognises that for certain inquests, bereaved people may require representation; legal aid may therefore be available, through the Exceptional Case Funding scheme, if certain criteria are met:
(a) if a failure to provide such representation would breach, or likely risk a breach of, the government’s obligations under the European Convention of Human Rights, usually Article 2; or
where the Director of Legal Aid Casework (DLAC) makes a determination that there is a ‘wider public interest’ in legal representation being granted.
Asked by: Stephen Lloyd (Liberal Democrat - Eastbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will extend the definition of abuse of positions of trust in the Sexual Offences Act 2003 to cover all adults working with children in extra-curricular activities.
Answered by Paul Maynard - Parliamentary Under-Secretary (Department for Work and Pensions)
Any sexual activity with a child under 16 is a criminal offence, regardless of whether consent is given. Any non-consensual sexual activity is also a crime, whatever the age of the victim and whatever the relationship between the victim and perpetrator.
I recognise that there are concerns about those who might abuse their position of power over a 16 or 17-year-old to pressure them into engaging in a sexual relationship. Such behaviour is very likely to be caught by the robust laws we already have in place,
However, we remain absolutely committed to protecting children and young people from sexual abuse and we want to ensure that existing offences are being used effectively to tackle this behaviour, and that those working with young people understand their responsibilities and act appropriately.
My department, working closely with colleagues across government, is taking forward a review of the existing law, to check that that it is working effectively and ensuring young people are protected.
Asked by: Stephen Lloyd (Liberal Democrat - Eastbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will keep Eastbourne magistrates court, county court and family court open until alternative provision has been made.
Answered by Phillip Lee
Local stakeholders and the Hon. Member’s predecessor as the MP for Eastbourne were informed in April 2017 that the HMCTS Property Board had agreed alternative provision arrangements for Eastbourne.
The courthouse at Eastbourne is expected to close in October 2017. The Eastbourne Traffic Commissioner’s Office will be used for hearings where appropriate. In addition, video link facilities for victims and witnesses will also be available at a local Police facility. Notice of closure has been provided to local legal stakeholders and is also displayed on public notices outside the building.
Asked by: Stephen Lloyd (Liberal Democrat - Eastbourne)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he will take to engage with local stakeholders on planning alternative provision when Eastbourne magistrates court, county court and family court are closed.
Answered by Phillip Lee
Local stakeholders and the Hon. Member’s predecessor as the MP for Eastbourne were informed in April 2017 that the HMCTS Property Board had agreed alternative provision arrangements for Eastbourne.
The courthouse at Eastbourne is expected to close in October 2017. The Eastbourne Traffic Commissioner’s Office will be used for hearings where appropriate. In addition, video link facilities for victims and witnesses will also be available at a local Police facility. Notice of closure has been provided to local legal stakeholders and is also displayed on public notices outside the building.