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Written Question
Convictions: Young People
Wednesday 27th March 2024

Asked by: Mark Hendrick (Labour (Co-op) - Preston)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many convictions of young people there were in (a) the North West, (b) Lancashire and (c) Preston in each of the last five years; and what assessment he has made of the implications for his policies of the trend in the number of such convictions.

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

The Ministry of Justice holds information on convictions by age group and Police Force Area, covering the period requested. The latest data available, until year ending June 2023, can be obtained in the following published tool: Outcomes by Offence tool: June 2023.

The tool linked above will allow you to select particular age groups of interest through the age group filter, and areas of the country through the police force area filter.

It is not possible to separately identify all convictions in Preston courts specifically, as those at magistrates’ courts in Preston are counted within the wider geographical area of Lancashire outlined in the first part of the question. Figures for the rest of 2023 will be available in the next update of the Criminal Justice Statistics Quarterly publication, expected in May 2024.

The Ministry of Justice has not carried out any recent location-specific assessment of on how our policies have influenced the trend in the number of children convicted since 2019 in Preston, Lancashire and the North West. However, there has been analysis of the broader national trend, which is a fall in the overall number of children entering the criminal justice system more generally in recent years. Since 2012, the number of first-time entrants to the youth justice system has declined by 72%. This can be attributed to a number of drivers. These include changes to policing and criminal justice practices intended to increase police discretion to divert children who had committed low-level offences from the formal justice system, prevention programmes to support vulnerable families and Youth Offending Teams undertaking prevention work with children perceived to be at risk of offending.


Written Question
Asylum: Religion
Tuesday 27th February 2024

Asked by: Tim Loughton (Conservative - East Worthing and Shoreham)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what his Department's procedure is for the verification of religious conversion when cited as a reason for the validity of an application for asylum.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

All asylum and human rights claims, including those based on religion or belief, are carefully considered on their individual merits in accordance with our international obligations, so that we do not remove anyone who faces persecution or serious harm on return to their country of origin.

Detailed Home Office policy guidance provides a framework for considering asylum claims, including those based on religious conversion, and all caseworkers receive extensive training and mentoring support before making such decisions.

Each individual assessment is made against the background of relevant case law and the latest available country of origin information. This is based on evidence taken from a wide range of reliable sources, including reputable media outlets; local, national, and international organisations, including human rights organisations; and information from the Foreign, Commonwealth & Development Office.

The degree of weight to be given to evidence from church witnesses will depend on how much knowledge and experience a church witness has, and the individuals concerned, and the way in which the claimant may have engaged in church activities. Evidence from a senior church member is not considered to be determinative.

In such cases, decision-makers must decide whether a conversion is genuine on the balance of probabilities. Decision-makers must consider all evidence in the round, including, where relevant, such factors as the claimant’s participation in church activities, the timing of their conversion, their knowledge of the faith, and the opinions of other members of the congregation as to the genuineness of the conversion.

Protection is normally granted where a claimant has a well-founded fear of persecution under the Refugee Convention or a claimant faces a real risk of serious harm. Those found not to need protection are refused, and the decision can be subject to legal challenge where appropriate, either via appeal to the independent courts or through a judicial review, depending on the decision in question. Once appeal rights are exhausted, they are liable for removal and enforcement action pursued where necessary.


Written Question
Asylum: Religion
Tuesday 27th February 2024

Asked by: Tim Loughton (Conservative - East Worthing and Shoreham)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what the role of the Church of England is on advising on the validity of religious conversion claims where the threat of religious persecution is given as a material basis for the claim.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

All asylum and human rights claims, including those based on religion or belief, are carefully considered on their individual merits in accordance with our international obligations, so that we do not remove anyone who faces persecution or serious harm on return to their country of origin.

Detailed Home Office policy guidance provides a framework for considering asylum claims, including those based on religious conversion, and all caseworkers receive extensive training and mentoring support before making such decisions.

Each individual assessment is made against the background of relevant case law and the latest available country of origin information. This is based on evidence taken from a wide range of reliable sources, including reputable media outlets; local, national, and international organisations, including human rights organisations; and information from the Foreign, Commonwealth & Development Office.

The degree of weight to be given to evidence from church witnesses will depend on how much knowledge and experience a church witness has, and the individuals concerned, and the way in which the claimant may have engaged in church activities. Evidence from a senior church member is not considered to be determinative.

In such cases, decision-makers must decide whether a conversion is genuine on the balance of probabilities. Decision-makers must consider all evidence in the round, including, where relevant, such factors as the claimant’s participation in church activities, the timing of their conversion, their knowledge of the faith, and the opinions of other members of the congregation as to the genuineness of the conversion.

Protection is normally granted where a claimant has a well-founded fear of persecution under the Refugee Convention or a claimant faces a real risk of serious harm. Those found not to need protection are refused, and the decision can be subject to legal challenge where appropriate, either via appeal to the independent courts or through a judicial review, depending on the decision in question. Once appeal rights are exhausted, they are liable for removal and enforcement action pursued where necessary.


Written Question
Tim Parker
Tuesday 6th February 2024

Asked by: Lord Sikka (Labour - Life peer)

Question to the Department for Business and Trade:

To ask His Majesty's Government what assessment they have made of the risk of conflict of interest of Tim Parker holding the position of chairman of the Post Office, when it sought to block appeals by convicted postmasters, while also holding the position of Chair of HM Courts and Tribunals Service.

Answered by Lord Offord of Garvel - Parliamentary Under Secretary of State (Department for Business and Trade)

When appointments are made, conflicts are routinely addressed as part of the appointments process. The Companies Act sets out that a director must avoid situations where they have conflicts which conflict with the interests of the company, and they must disclose conflicts of interest.

The Department is not however aware of any specific assessment made with regard to Tim Parker’s role as Chair of HMCTS and Post Office Ltd decisions in response to postmaster appeals.


Written Question
Health Professions: Crimes of Violence
Monday 22nd January 2024

Asked by: Baroness Bennett of Manor Castle (Green Party - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government what steps they are taking to reduce rates of violence experienced by front line healthcare workers; and what assessment they have made of the effect of such violence on staffing levels.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

In January 2021, and in conjunction with the Social Partnership Forum, NHS England developed and published a national Violence Prevention and Reduction Standard. This supports employers in their efforts to provide a safe and secure working environment for National Health Service staff, with a focus on risk management, training and support for those impacted by incidences of violence or aggression.

£8.4 million has been invested into the ambulance service sector to explore the efficacy of body worn cameras in reducing violence and abuse. All ambulance trusts are now trialling cameras and an independent evaluation is underway with a final report expected towards the end of 2024.

In 2022, the Government legislated through the Police, Crime, Sentencing and Courts Act to double the sentence for assaults on emergency workers to a maximum of two years.

We do not currently have a national mechanism to assess the levels of violence and aggression in the NHS on staffing levels. NHS employing organisations have a duty of care to support the health and safety of their staff and they do collect data on incidents. This is used to inform local strategies for reducing and dealing with violence and aggression.

The NHS Staff Survey does ask questions relating to incidences of violence, harassment, and abuse. The 2022 NHS Staff Survey indicated that 14.7% of NHS staff have self-reported that they had experienced at least one incident of physical violence from patients, service users, relatives, or other members of the public in the last 12 months.


Written Question
HM Courts and Tribunals Service: ICT
Monday 11th December 2023

Asked by: Matt Rodda (Labour - Reading East)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Central Digital & Data Office's guidance entitled, Guidance on the Legacy IT Risk Assessment Framework, published 29 September 2023, how many red-rated IT systems are used by HM Courts and Tribunals Service as of 6 December 2023.

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

Based on the latest assessment using Central Digital & Data Office’s guidance, as at October 2022 HMCTS had 9 red-rated IT systems.


Written Question
Transport: Children and Young People
Tuesday 21st November 2023

Asked by: Lord Watson of Invergowrie (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what steps they are taking to ensure that practitioners involved in the transportation of children and young people have access to (1) training, (2) supervision, (3) support, and (4) reporting procedures, to assist them in reducing the use of restraint during transportation.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The most recent Prisoner Escort and Custody Services (PECS) procurement process, which covers securely moving both adults and children, commenced in August 2020 and runs for ten years. This contract covers a range of services including secure transportation between prisons, police stations and other named places of detention and courts as well as transportation of prisoners between prison establishments and includes transition moves from the youth to adult estate.

The Criminal Justice Act 1991 (as amended) and section 12 and Schedule 2 of the Criminal Justice and Public Order Act 1994 as amended by the 2007 offender management act, covers staffing requirements for moving children. All suppliers must demonstrate their technical and professional ability to deliver services, including compliance with the Equality Act 2010, as well as a sound economic and financial standing during any procurement process.

Requirements for the supplier to implement behavioural management policies are included within the PECS contract outlines and cover Human rights, where use of restraint may be applicable and a requirement that any use is reported. There is an expectation that mechanical restraints would not be routinely used for children unless a risk assessment confirms they are necessary.

The PECS suppliers are required to adhere to Prison Service Instructions covering the use of restraint, and their Standard Operating Procedures, training and supervision will be structured around these policy documents. Further to this the PECS contract requires suppliers to have a programme of development and refresher training for their staff which includes training for dealing with young people. Suppliers are also required to review any use of force and ensure that any appropriate lessons are learned, shared and implemented.


Written Question
Transport: Children and Young People
Tuesday 21st November 2023

Asked by: Lord Watson of Invergowrie (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what steps they are taking to ensure that businesses that wish to establish secure transportation services for children and young people have in place behavioural management policies that set out (1) how children and young people’s human rights can be protected; (2) the conditions for the use of restraint during transportation; and (3) the official reporting procedures that are in place in case of restraint being used.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The most recent Prisoner Escort and Custody Services (PECS) procurement process, which covers securely moving both adults and children, commenced in August 2020 and runs for ten years. This contract covers a range of services including secure transportation between prisons, police stations and other named places of detention and courts as well as transportation of prisoners between prison establishments and includes transition moves from the youth to adult estate.

The Criminal Justice Act 1991 (as amended) and section 12 and Schedule 2 of the Criminal Justice and Public Order Act 1994 as amended by the 2007 offender management act, covers staffing requirements for moving children. All suppliers must demonstrate their technical and professional ability to deliver services, including compliance with the Equality Act 2010, as well as a sound economic and financial standing during any procurement process.

Requirements for the supplier to implement behavioural management policies are included within the PECS contract outlines and cover Human rights, where use of restraint may be applicable and a requirement that any use is reported. There is an expectation that mechanical restraints would not be routinely used for children unless a risk assessment confirms they are necessary.

The PECS suppliers are required to adhere to Prison Service Instructions covering the use of restraint, and their Standard Operating Procedures, training and supervision will be structured around these policy documents. Further to this the PECS contract requires suppliers to have a programme of development and refresher training for their staff which includes training for dealing with young people. Suppliers are also required to review any use of force and ensure that any appropriate lessons are learned, shared and implemented.


Written Question
Schools: Transport
Tuesday 21st November 2023

Asked by: Lord Watson of Invergowrie (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what official regulatory requirements must be met and demonstrated before an organisation can operate secure transportation services for children and young people.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The most recent Prisoner Escort and Custody Services (PECS) procurement process, which covers securely moving both adults and children, commenced in August 2020 and runs for ten years. This contract covers a range of services including secure transportation between prisons, police stations and other named places of detention and courts as well as transportation of prisoners between prison establishments and includes transition moves from the youth to adult estate.

The Criminal Justice Act 1991 (as amended) and section 12 and Schedule 2 of the Criminal Justice and Public Order Act 1994 as amended by the 2007 offender management act, covers staffing requirements for moving children. All suppliers must demonstrate their technical and professional ability to deliver services, including compliance with the Equality Act 2010, as well as a sound economic and financial standing during any procurement process.

Requirements for the supplier to implement behavioural management policies are included within the PECS contract outlines and cover Human rights, where use of restraint may be applicable and a requirement that any use is reported. There is an expectation that mechanical restraints would not be routinely used for children unless a risk assessment confirms they are necessary.

The PECS suppliers are required to adhere to Prison Service Instructions covering the use of restraint, and their Standard Operating Procedures, training and supervision will be structured around these policy documents. Further to this the PECS contract requires suppliers to have a programme of development and refresher training for their staff which includes training for dealing with young people. Suppliers are also required to review any use of force and ensure that any appropriate lessons are learned, shared and implemented.


Written Question
Ministry of Justice: Theft
Monday 20th November 2023

Asked by: Sarah Olney (Liberal Democrat - Richmond Park)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what data their Department holds on the (a) number and (b) total cost of replacing (i) laptops, (ii) mobile phones, (iii) memory sticks and (iv) external hard drives that have been (A) lost and (B) stolen in the last year.

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

Please find the requested data summarised in the table below:

Laptops

Mobile Phones

Memory sticks

External hard drives

Lost

139

44

0

0

Stolen

86

7

0

0

Total devices

225

51

-

-

Total cost of replacing

£239,220.00

£19,023

-

-

The Ministry of Justice (MoJ) has around 91,875 employees across the department. The proportion of lost and stolen devices therefore are low compared to this number.

The MoJ, including its executive agencies (HM Courts & Tribunals Service, HM Prison & Probation Service, Legal Aid Agency, Office of the Public Guardian and Criminal Injuries Compensation Authority) and smaller public bodies, treats lost or stolen devices seriously and have processes in place to ensure that when a device is reported as lost or stolen, action is taken immediately to disable the device.  All incidents are subjected to an initial security risk assessment with further action on a proportional basis.

It is MoJ policy that all laptops and removable media are encrypted to minimise the impact if a loss were to occur. All mobile phones are deactivated once reported missing to minimise the impact if a loss was to occur.

There is also published guidance on what to do which can be found via this link: https://security-guidance.service.justice.gov.uk/lost-devices-incidents/#lost-devices-or-other-it-security-incidents.