Results 181–200 of 983 for speaker:Lord Wolfson of Tredegar

Written Answers — Ministry of Justice: Prisons: Standards (23 Mar 2021)

Lord Wolfson of Tredegar: Throughout the pandemic HMPPS has been identifying and sharing lessons learned. We have been listening to different perspectives and have paid attention to the challenges for staff and prisoners. We have considered the many examples of positive practice and have focussed our efforts to do the best for both staff and prisoners in very difficult circumstances. Learning lessons is an ongoing...

Written Answers — Ministry of Justice: Prisons: Body Searches (24 Mar 2021)

Lord Wolfson of Tredegar: The national policy on the searching of prisoners, staff and visitors (PSI 07/2016 – Searching of the Person) is currently under review and a revised version is intended to be published later this year. In reviewing the policy, Her Majesty’s Prison and Probation Service (HMPPS) has consulted with the Government’s Legal Department and HMPPS Equalities Team. Further consultation will be...

Domestic Abuse Bill - Third Reading: Amendment 1 (24 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I first apologise on behalf of my noble friend Lady Williams of Trafford, who is unable to be present today. The Home Secretary has asked my noble friend to deputise for her at today’s meeting of the G6, which the UK is hosting. The G6 meeting of Interior Ministers is one of the most important long-term, multilateral forums in which to discuss priority home affairs issues with...

Domestic Abuse Bill - Third Reading: Motion (24 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I hope noble Lords will permit me to say a few words to mark the completion of the passage of the Bill through this House. I say, with some hesitation, that this is one of those Bills which has shown your Lordships’ House as its best. My hesitation does not arise from the proceedings on the Bill. Those were marked by speeches of high calibre and engaged debate and, undoubtedly,...

Domestic Abuse Bill - Third Reading: Motion (24 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I see the time and I hope the House will not think me discourteous if I respond very briefly. I am very grateful for the kind words of the noble Lord, Lord Rosser. He was quite right to remind us that the Bill had cross-party support. He was also right to remind me to thank—I fear that I did not, but I do now—the noble Lord, Lord Ponsonby of Shulbrede, who brought his experience...

Domestic Abuse Bill - Third Reading: Motion (24 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I am grateful for the comments of the noble Baroness. Of course, this Government oppose violence in all forms, especially violence against women. As to the publicity campaign she mentions, she will be aware that there are a number of areas where the Government already have publicity in this area. I am very happy to speak to her to understand particularly what she has in mind, and I...

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, since my noble friend’s last Question on this matter six weeks ago, I have met ministerial colleagues and Members of the other place. I have considered the legal issues that arise. I have also met the acting president and vice-president of the Court of Protection. While court processes are a matter for the judiciary, I have been assured that child trust funds and the application...

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, my noble friend raises a very good point. I can assure Tammie and Hollie Squire that it is not a question of trust. It is, I am afraid, a question of law. The DWP benefits appointee scheme applies only to benefits from the state and does not extend or apply to an individual’s own assets. That legal position is governed by the Mental Capacity Act. I have to work within the confines...

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, the advisory group has been meeting not only organisations in the third sector such as Mencap but the financial providers. We have looked at a number of legal and regulatory issues. We believe that the way through this is by working with the Court of Protection. Quite properly, judges control the court and that is the way through to resolving this long-standing problem.

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I am grateful to my noble friend. We have looked at the legislative options. Amending primary legislation is not likely to be quick or easy. However, I must emphasise that the rules of the Court of Protection are a matter for the judiciary, not the Government. We therefore have to work with the judiciary, which I know is committed to this issue. Indeed, the Court of Protection has...

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, the noble Baroness is right that fundamentally this is about safeguarding the interests of the young person. On the Court of Protection, staff have been coming into the court throughout the pandemic to make sure that it can continue to function. They are putting in place new digital ways of working to streamline and simplify their processes and will ensure that there is as little...

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I am grateful to the noble Lord for referring to Mr Justice Hayden, with whom I have met and who I know is personally committed to resolving this. It is fair to say that our understanding of all sorts of mental capacity is considerably greater now than it was in 2005, when the Act was passed, and in 1995, when the Law Commission reported on this issue. We are therefore looking to...

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, the position is this: in 1995, when the Law Commission reported on this, it recommended a small claims exception to the Mental Capacity Act. Parliament did not do that; it put in a Mental Capacity Act with no exceptions at all. That is the legislative background against which I now have to operate.

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, the short answer is yes. We have put in place mechanisms on fees to ensure that anybody applying to the Court of Protection, in respect of a child trust fund only, does not have to pay any fees. I know that the court is looking at the forms to make sure that they are suitably accessible, so that one can fill them in and make an application without having to pay a solicitor.

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I am looking to arrange meetings with it, but have been working on the issues that it has raised in any event. In particular, I have looked at whether there is a trust law solution to the problem, but I am afraid that there is not. The route is to make sure that people can get applications through the Court of Protection as quickly and cheaply as possible. That involves the...

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, I cannot give that assurance because sanctions are not a matter for the Government; independent bodies are in place. Whether these industry providers are complying with the protections under the Mental Capacity Act is not something on which I can give an opinion. I am sure that they have looked at that issue. Ultimately, the Mental Capacity Act is there to protect vulnerable people.

Child Trust Funds: Children with Learning Disabilities - Question (25 Mar 2021)

Lord Wolfson of Tredegar: My Lords, with respect, I agree. No fees are in my bailiwick; we have done that. Simpler forms are in the judiciary’s bailiwick; I am working with the judiciary to encourage it to put simpler forms in place. Ultimately, there is a constitutional position here. The courts are run by the judiciary, not by government Ministers, and that is how it should be.

Written Answers — Ministry of Justice: Prisons: Visits (26 Mar 2021)

Lord Wolfson of Tredegar: Social visits in adult prisons have been suspended during the period of national lockdown, but will resume once it is safe to do so. Decisions will be based on public health advice, assessments of local outbreaks and ability to safely facilitate visits, and so dates may vary between different sites. No sites will resume visits before the end of March when the ‘stay at home’ order is...

Written Answers — Ministry of Justice: Marriage: Humanism (30 Mar 2021)

Lord Wolfson of Tredegar: The Law Commission is conducting a fundamental review of the law on how and where people can legally marry in England and Wales. As part of that review, the Government invited the Law Commission to make recommendations about how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme for all marriages that is simple, fair and...

Written Answers — Ministry of Justice: Prisons: Coronavirus (31 Mar 2021)

Lord Wolfson of Tredegar: As was the case in the community, infection rates in prisons increased over the winter months which, sadly, led to an increase in deaths where Covid-19 was suspected as being the cause. With a small number of tragic exceptions, we have protected the lives of tens of thousands of staff and prisoners. Our decisive action – backed by Public Health England and Wales - has meant that the number...


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