Asked by: Rupert Lowe (Reform UK - Great Yarmouth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people will be released from prisons in Norfolk under the early release scheme.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Our best national release estimates were published in the Statutory Instrument to Amend the Standard Determinate Sentence Automatic Release Point Impact Assessment published on 17 July 2024: https://www.legislation.gov.uk/ukia/2024/117/pdfs/ukia_20240117_en.pdf.
Further statistics will be published in due course.
Asked by: Joy Morrissey (Conservative - Beaconsfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of violent disorder cases were heard by (a) district judges and (b) lay magistrates in August.
Answered by Heidi Alexander - Minister of State (Ministry of Justice)
The information requested could only be obtained at disproportionate cost.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government further to the Written Answers by Lord Bellamy on 16 June and 2 August 2023 (HL8197 and HL9550), whether they will publish a response to the Law Commission Report Celebrating Marriage: A New Weddings Law, published in July 2022, particularly Recommendation 42.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what is their assessment of the recommendation for reform of the Marriage Act 1949 in paragraph 8.50, page 135, of The Casey Review into Opportunity and Integration, published in December 2016.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Lord Browne of Ladyton (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the remarks by Lord Ponsonby of Shulbrede on 24 July (HL Deb col 501), what further discussions, if any, have taken place about the formulation and timetabling of anti-SLAPP legislation.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
The Government recognises that SLAPPs pose a risk to the integrity of our legal system. We are considering all options for reform in relation to this issue.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the compliance of the Marriage Act 1949 and other marriage law with the right to freedom of religion or belief, as Church of England and Church in Wales marriage ceremonies fulfil legal requirements and are legally recognised, while other religious ceremonies may not be.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to protect the spousal rights of women who have been married outside of the legal framework for weddings in England and Wales.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Lord Jackson of Peterborough (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they are taking to protect the rights of families in Court of Protection proceedings and to encourage transparency, natural justice and openness in those legal proceedings.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
Attended hearings in the Court of Protection have ordinarily been held in public since 2016 with a ‘Transparency Order’ being made by the court to prohibit the publication of information that identifies, or is likely to identify, the vulnerable person concerned, their family, or any other person specified in the order.
Asked by: Edward Argar (Conservative - Melton and Syston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate she has made of the number and proportion of prisoners who will be released having served 40% of their sentences who will not have stable accommodation to be released to.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Individuals released through the Standard Determinate Sentence changes, known as SDS40, and at risk of homelessness can be referred to HMPPS’s Community Accommodation Service, which can provide up to 12-weeks temporary accommodation.
The Chief Probation Officer wrote to all Local Authority Chief Executives on 02 August sharing early data on the total volume of expected prison releases for SDS40 cases and this was followed up by a meeting with all Local Authorities. This provided a high-level estimate of the potential volumes of releases by Local Authority. The indicative figure provided was that there would be c400 individuals who were at risk of homelessness; however, through assessment and intervention by Probation, we are expecting that number will now be significantly lower.
We are working closely with the Ministry of Housing, Communities & Local Government and the Welsh Government to mitigate any impact on Local Authorities, as well as taking practical steps to minimise the chances that individuals are released homeless. This includes ensuring data is shared with the 49 Strategic Housing Specialists based in prisons and the Probation-based Homeless Prevention Teams to make sure plans are in place for those who need accommodation support.
We expect the vast majority to be supported by this provision, but should there not be enough, the Lord Chancellor has authorised probation directors to make use of alternative arrangements, including budget hotels, as a temporary measure for the cases that we will see in the next few weeks.
Asked by: Edward Argar (Conservative - Melton and Syston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will make an assessment of the potential impact of recent changes to the prisoner early release scheme on demand for housing from local authorities.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Individuals released through the Standard Determinate Sentence changes, known as SDS40, and at risk of homelessness can be referred to HMPPS’s Community Accommodation Service, which can provide up to 12-weeks temporary accommodation.
The Chief Probation Officer wrote to all Local Authority Chief Executives on 02 August sharing early data on the total volume of expected prison releases for SDS40 cases and this was followed up by a meeting with all Local Authorities. This provided a high-level estimate of the potential volumes of releases by Local Authority. The indicative figure provided was that there would be c400 individuals who were at risk of homelessness; however, through assessment and intervention by Probation, we are expecting that number will now be significantly lower.
We are working closely with the Ministry of Housing, Communities & Local Government and the Welsh Government to mitigate any impact on Local Authorities, as well as taking practical steps to minimise the chances that individuals are released homeless. This includes ensuring data is shared with the 49 Strategic Housing Specialists based in prisons and the Probation-based Homeless Prevention Teams to make sure plans are in place for those who need accommodation support.
We expect the vast majority to be supported by this provision, but should there not be enough, the Lord Chancellor has authorised probation directors to make use of alternative arrangements, including budget hotels, as a temporary measure for the cases that we will see in the next few weeks.