Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to prevent individuals subject to active civil court orders from receiving Legal Aid.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Anyone can receive civil legal aid, provided that their case is in scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) and they pass the applicable means and merits tests, along with any necessary evidence requirements.
Criminal legal aid may be granted to defendants in criminal cases if they pass the applicable means and merits (interests of justice) tests. It is an accepted principle under both domestic law and international human rights agreements, as a component of the right to a fair trial, that those charged with a criminal offence have the right to legal assistance if needed.
It is possible for individuals subject to active civil court orders to claim legal aid; the legal aid framework does not prevent this. To receive legal aid, the matter must fall within the scope of the legal aid scheme, and the applicant must pass both the means and merits tests. The tests only apply to the case for which legal aid is sought, assessing financial eligibility and merits eligibility including, in relation to domestic violence cases, prospects of success and proportionality. An individual being subject to an unrelated active civil court order would not impact that assessment.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to address the funding anomaly whereby Legal Aid funding may be granted to alleged or confirmed perpetrators rather than judicially recognised victims.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Anyone can receive civil legal aid, provided that their case is in scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) and they pass the applicable means and merits tests, along with any necessary evidence requirements.
Criminal legal aid may be granted to defendants in criminal cases if they pass the applicable means and merits (interests of justice) tests. It is an accepted principle under both domestic law and international human rights agreements, as a component of the right to a fair trial, that those charged with a criminal offence have the right to legal assistance if needed.
It is possible for individuals subject to active civil court orders to claim legal aid; the legal aid framework does not prevent this. To receive legal aid, the matter must fall within the scope of the legal aid scheme, and the applicant must pass both the means and merits tests. The tests only apply to the case for which legal aid is sought, assessing financial eligibility and merits eligibility including, in relation to domestic violence cases, prospects of success and proportionality. An individual being subject to an unrelated active civil court order would not impact that assessment.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what safeguards are in place to ensure that Legal Aid awarded under the LASPO Schedule 1 pathway is provided solely to individuals who have been judicially recognised as victims.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Anyone can receive civil legal aid, provided that their case is in scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) and they pass the applicable means and merits tests, along with any necessary evidence requirements.
Criminal legal aid may be granted to defendants in criminal cases if they pass the applicable means and merits (interests of justice) tests. It is an accepted principle under both domestic law and international human rights agreements, as a component of the right to a fair trial, that those charged with a criminal offence have the right to legal assistance if needed.
It is possible for individuals subject to active civil court orders to claim legal aid; the legal aid framework does not prevent this. To receive legal aid, the matter must fall within the scope of the legal aid scheme, and the applicant must pass both the means and merits tests. The tests only apply to the case for which legal aid is sought, assessing financial eligibility and merits eligibility including, in relation to domestic violence cases, prospects of success and proportionality. An individual being subject to an unrelated active civil court order would not impact that assessment.
Asked by: Greg Smith (Conservative - Mid Buckinghamshire)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, what steps he is taking to replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
Answered by Hilary Benn - Secretary of State for Northern Ireland
On 22 January, the House approved the Remedial Order which will remove the conditional immunity for terrorists which was provided in the previous Government’s Legacy Act.
The Troubles Bill will establish a reformed, human rights compliant and wholly independent Legacy Commission which will carry out investigations and provide family reports.
Asked by: Max Wilkinson (Liberal Democrat - Cheltenham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to help ensure that data collected by live facial recognition technology cannot be accessed by foreign states.
Answered by Sarah Jones - Minister of State (Home Office)
Police use of live facial recognition (LFR) is governed by data protection legislation, which requires that any processing of biometric data is lawful, fair, proportionate and subject to appropriate safeguards.
The Home Office does not collect or store data generated through police use of LFR. Police forces act as data controllers for the operational use of the technology and are responsible for ensuring that data is stored and handled securely, in line with data protection law and established policing standards.
LFR systems used by the police must be procured and operated in accordance with UK law and national security requirements. Police procurement decisions are subject to procurement legislation and Cabinet Office guidance on supply‑chain and national security risk. This includes having regard to cyber security standards and advice from the National Cyber Security Centre, which supports public sector organisations in protecting systems and sensitive data from cyber threats, including risks associated with third‑party suppliers and foreign access.
Operational guidance on the use of LFR is set out in the College of Policing’s Authorised Professional Practice (APP). The APP is national guidance developed and maintained by the College, following engagement with policing practitioners and relevant stakeholders. It sets out best practice and legal standards for police forces, making clear that any use of LFR must be lawful, necessary and proportionate, and must comply with data protection, equality and human rights legislation.
The APP sits alongside the Surveillance Camera Code of Practice, issued by the Home Secretary, which provides statutory guidance on the responsible and transparent use of surveillance cameras including facial recognition.
Asked by: Max Wilkinson (Liberal Democrat - Cheltenham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will publish a list of stakeholders that ministers have met to develop a best practice guidance for the use of Live Facial Recognition technology by the police.
Answered by Sarah Jones - Minister of State (Home Office)
Police use of live facial recognition (LFR) is governed by data protection legislation, which requires that any processing of biometric data is lawful, fair, proportionate and subject to appropriate safeguards.
The Home Office does not collect or store data generated through police use of LFR. Police forces act as data controllers for the operational use of the technology and are responsible for ensuring that data is stored and handled securely, in line with data protection law and established policing standards.
LFR systems used by the police must be procured and operated in accordance with UK law and national security requirements. Police procurement decisions are subject to procurement legislation and Cabinet Office guidance on supply‑chain and national security risk. This includes having regard to cyber security standards and advice from the National Cyber Security Centre, which supports public sector organisations in protecting systems and sensitive data from cyber threats, including risks associated with third‑party suppliers and foreign access.
Operational guidance on the use of LFR is set out in the College of Policing’s Authorised Professional Practice (APP). The APP is national guidance developed and maintained by the College, following engagement with policing practitioners and relevant stakeholders. It sets out best practice and legal standards for police forces, making clear that any use of LFR must be lawful, necessary and proportionate, and must comply with data protection, equality and human rights legislation.
The APP sits alongside the Surveillance Camera Code of Practice, issued by the Home Secretary, which provides statutory guidance on the responsible and transparent use of surveillance cameras including facial recognition.
Asked by: Max Wilkinson (Liberal Democrat - Cheltenham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department plans to take to ensure that data collected by live facial recognition will be stored safely.
Answered by Sarah Jones - Minister of State (Home Office)
Police use of live facial recognition (LFR) is governed by data protection legislation, which requires that any processing of biometric data is lawful, fair, proportionate and subject to appropriate safeguards.
The Home Office does not collect or store data generated through police use of LFR. Police forces act as data controllers for the operational use of the technology and are responsible for ensuring that data is stored and handled securely, in line with data protection law and established policing standards.
LFR systems used by the police must be procured and operated in accordance with UK law and national security requirements. Police procurement decisions are subject to procurement legislation and Cabinet Office guidance on supply‑chain and national security risk. This includes having regard to cyber security standards and advice from the National Cyber Security Centre, which supports public sector organisations in protecting systems and sensitive data from cyber threats, including risks associated with third‑party suppliers and foreign access.
Operational guidance on the use of LFR is set out in the College of Policing’s Authorised Professional Practice (APP). The APP is national guidance developed and maintained by the College, following engagement with policing practitioners and relevant stakeholders. It sets out best practice and legal standards for police forces, making clear that any use of LFR must be lawful, necessary and proportionate, and must comply with data protection, equality and human rights legislation.
The APP sits alongside the Surveillance Camera Code of Practice, issued by the Home Secretary, which provides statutory guidance on the responsible and transparent use of surveillance cameras including facial recognition.
Asked by: Lord Empey (Ulster Unionist Party - Life peer)
Question to the Home Office:
To ask His Majesty's Government what assessment they have made of the European Union's decision to designate Iran's Islamic Revolutionary Guard Corps as a terrorist organisation; and whether they plan to make a similar designation.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The UK stands proudly on the side of freedom and human rights, and we have long criticised Iran’s authoritarian regime and taken robust action to protect UK interests from Iranian state threats. On 13 January, the Foreign Secretary set out the action that the Government taking in coordination with allies in response to the consistent threat that the Iranian regime poses to stability, security, freedom and the UK national interest. We are now working further with the EU and other partners to explore what sanctions will be needed to respond to the horrific escalation seen in recent weeks.
It is the Government’s long-standing position not to comment on the detail of security and intelligence matters, including whether or not a specific organisation is being considered for proscription.
We are acting decisively to disrupt threats posed by Iran here in the UK. We have placed the Iranian state on the enhanced tier of the Foreign Influence Registration Scheme (FIRS), meaning that anyone working for or directed by the Iranian state to conduct activities in the UK must declare that activity, or risk up to five years in prison. The National Security Act 2023 also strengthens our powers to counter state threats, including from Iran, and provides the security services and law enforcement agencies with the tools they need to deter, detect, and disrupt these threats. Furthermore, we have committed to take forward plans recommended by Jonathan Hall KC for a proscription-like power for state and state-linked bodies to tackle malign activity more appropriately than is offered under the existing powers. We will introduce legislation as soon as Parliamentary time allows.
The UK now has over 550 sanctions against Iranian linked individuals and entities, including the IRGC, which has been sanctioned in its entirety. Over 220 designations have been imposed since this Government came into office. In concert with international partners, we will use all appropriate tools at our disposal to protect the UK, and our interests, from state threats.
Asked by: Brian Mathew (Liberal Democrat - Melksham and Devizes)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, whether the United Kingdom will seek to place Myanmar as an urgent item on the agenda of the United Nations Security Council, in the context of the human rights and humanitarian situation in that country.
Answered by Seema Malhotra - Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office)
I refer the Hon Member to the statement issued by the Foreign Secretary on the fifth anniversary of the military coup in Myanmar (https://www.gov.uk/government/news/foreign-secretary-statement-on-the-fifth-anniversary-of-the-military-coup-in-myanmar) and the answers provided in the House of Lords in February in response to the similar set of Questions HL13818-20, HL13821, and HL13859.
Asked by: Brian Mathew (Liberal Democrat - Melksham and Devizes)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what assessment she has made of the implications of her policies of the elections being held in Myanmar and their impact on human rights in (a) Myanamar and (b) regions of Myanmar excluded from those elections.
Answered by Seema Malhotra - Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office)
I refer the Hon Member to the statement issued by the Foreign Secretary on the fifth anniversary of the military coup in Myanmar (https://www.gov.uk/government/news/foreign-secretary-statement-on-the-fifth-anniversary-of-the-military-coup-in-myanmar) and the answers provided in the House of Lords in February in response to the similar set of Questions HL13818-20, HL13821, and HL13859.