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Subject
Publisher
To ask the Secretary of State for Justice when he plans to respond to the request made on 1 February 2010 by the hon. Member for Torbay under the Freedom of Information Act 2000, on George Kelly, reference FOI/63308/10.
To ask the Secretary of State for Justice when he plans to respond to the request made on 1 February 2010 by the hon. Member for Torbay under the Freedom of Information Act 2000, on George Kelly, reference FOI/63308/10.
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Wills
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
16 March 2010
For answer on
23 March 2010
Answered on
23 March 2010
A response was sent to the hon. Member last week. I apologise for the unacceptable delay, and for any inconvenience it has caused.
Subjects
Correspondence; Members; Kelly, George
Date
23 March 2010
Reference
508 c184W; 323026
House
House of Commons
Deposited by
Ministry of Justice
Type
Deposited papers
Author
Ministry of Justice
Committed on
7 May 2009
Originated on
30 April 2009
Received on
7 May 2009
Subjects
Convictions; Cemeteries; Genetics; Funerals; Prisons; HMP Liverpool; Exhumation; Kelly, George
Date
7 May 2009
Reference
DEP2009-1337
House
House of Commons
(4) how many submissions have been made to Ministers in his Department and its predecessor in respect of the George Kelly case, and on what dates; and what the (a) role and (b) pay band was of each official who (i) drafted and (ii) was copied in on each submission.
(4) how many submissions have been made to Ministers in his Department and its predecessor in respect of the George Kelly case, and on what dates; and what the (a) role and (b) pay band was of each official who (i) drafted and (ii) was copied in on each submission.
Asked by
Edward O'Hara
(Labour)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
25 March 2009
For answer on
27 March 2009
Answered on
1 April 2009
I will write to the hon. Member when I am in a position to do so and place a copy of my letter in the Library of the House.
Subjects
Kelly, George
Date
1 April 2009
Reference
490 c1211-2W;490 c1207-8W; 267862
House
House of Commons
(2) what the (a) role and (b) pay band is of the official in his Department responsible for resolving any outstanding issues in the George Kelly case;
(2) what the (a) role and (b) pay band is of the official in his Department responsible for resolving any outstanding issues in the George Kelly case;
Asked by
Edward O'Hara
(Labour)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
25 March 2009
For answer on
27 March 2009
Answered on
1 April 2009
I will write to the hon. Member when I am in a position to do so and place a copy of my letter in the Library of the House.
Subjects
Kelly, George
Date
1 April 2009
Reference
490 c1211-2W;490 c1207-8W; 267860
House
House of Commons
(3) if he will direct the Corporate Management Board of his Department to make an assessment of his Department's handling of matters relating to the George Kelly case in the light of the representations it has received on the matter;
(3) if he will direct the Corporate Management Board of his Department to make an assessment of his Department's handling of matters relating to the George Kelly case in the light of the representations it has received on the matter;
Asked by
Edward O'Hara
(Labour)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
25 March 2009
For answer on
27 March 2009
Answered on
1 April 2009
I will write to the hon. Member when I am in a position to do so and place a copy of my letter in the Library of the House.
Subjects
Kelly, George
Date
1 April 2009
Reference
490 c1211-2W;490 c1207-8W; 267861
House
House of Commons
To ask the Secretary of State for Justice with reference to the answer to the hon. Member for Torbay of 19 May 2008, Official Report, columns 71-3W, on Walton Prison: cemeteries, (1) what steps his Department has taken to resolve (a) any outstanding exhumation and funeral costs of and (b)...
To ask the Secretary of State for Justice with reference to the answer to the hon. Member for Torbay of 19 May 2008, Official Report, columns 71-3W, on Walton Prison: cemeteries, (1) what steps his Department has taken to resolve (a) any outstanding exhumation and funeral costs of and (b)...
Asked by
Edward O'Hara
(Labour)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
25 March 2009
For answer on
27 March 2009
Answered on
1 April 2009
I will write to the hon. Member when I am in a position to do so and place a copy of my letter in the Library of the House.
Subjects
Kelly, George
Date
1 April 2009
Reference
490 c1211-2W;490 c1207-8W; 267859
House
House of Commons
To ask the Secretary of State for Justice if he will take steps to ensure that sufficient staff resources are applied to mediation in the case concerning George Kelly to achieve a resolution in the week commencing 28 July 2008.
To ask the Secretary of State for Justice if he will take steps to ensure that sufficient staff resources are applied to mediation in the case concerning George Kelly to achieve a resolution in the week commencing 28 July 2008.
Asked by
Edward O'Hara
(Labour)
Answered by
Maria Eagle
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
17 July 2008
For answer on
21 July 2008
Answered on
10 September 2008
Treasury Solicitors continue to liaise with the representative of the estate of the late George Kelly about possible mediation in relation to some of the issues that have been raised.
Subjects
Kelly, George
Date
10 September 2008
Reference
479 c1966W; 220887
House
House of Commons
(2) what invoices his Department has received for work undertaken by the Treasury Solicitor on his Department's behalf in connection with matters related to the George Kelly case; and what payments have been made in respect of such invoices.
(2) what invoices his Department has received for work undertaken by the Treasury Solicitor on his Department's behalf in connection with matters related to the George Kelly case; and what payments have been made in respect of such invoices.
Asked by
Edward O'Hara
(Labour)
Answered by
Bridget Prentice
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
3 July 2008
For answer on
7 July 2008
Answered on
14 July 2008
The proposal to resolve the issues in the late George Kelly case by mediation is still under consideration and there have been a number of discussions both internally, and externally with Treasury Solicitor. In the case of the level of compensation due in respect of Mr. Kelly's wrongful conviction and subsequent hanging in 1950, these are matters entirely for the independent assessor now that the case has been approved for compensation under section 133 of the Criminal Justice Act 1988.Invoices totalling £39,102.25 (including VAT) have been raised in relation to Treasury Solicitor's time spent on litigation involving Mr. George Kelly plus £10,434.07 (including VAT) for disbursements.
Subjects
Kelly, George
Date
14 July 2008
Reference
479 c63W;479 c61W; 217291
House
House of Commons
To ask the Secretary of State for Justice (1) what (a) discussions and (b) correspondence officials in his Department have had (i) internally and (ii) with the Treasury Solicitor's Department on the proposal to resolve the outstanding issues in the George Kelly case by mediation;
To ask the Secretary of State for Justice (1) what (a) discussions and (b) correspondence officials in his Department have had (i) internally and (ii) with the Treasury Solicitor's Department on the proposal to resolve the outstanding issues in the George Kelly case by mediation;
Asked by
Edward O'Hara
(Labour)
Answered by
Bridget Prentice
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
3 July 2008
For answer on
7 July 2008
Answered on
14 July 2008
The proposal to resolve the issues in the late George Kelly case by mediation is still under consideration and there have been a number of discussions both internally, and externally with Treasury Solicitor. In the case of the level of compensation due in respect of Mr. Kelly's wrongful conviction and subsequent hanging in 1950, these are matters entirely for the independent assessor now that the case has been approved for compensation under section 133 of the Criminal Justice Act 1988.Invoices totalling £39,102.25 (including VAT) have been raised in relation to Treasury Solicitor's time spent on litigation involving Mr. George Kelly plus £10,434.07 (including VAT) for disbursements.
Subjects
Kelly, George
Date
14 July 2008
Reference
217290; 479 c63W;479 c61W
House
House of Commons
(4) what (a) guidance and (b) training is given to personnel working in Prison Service custodial property and estates management on (i) dealing with members of the public and (ii) settlement of disputes using alternative dispute resolution;
(4) what (a) guidance and (b) training is given to personnel working in Prison Service custodial property and estates management on (i) dealing with members of the public and (ii) settlement of disputes using alternative dispute resolution;
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
12 May 2008
For answer on
14 May 2008
Answered on
19 May 2008
A request was received in November 2005 before the exhumation and reburial of the remains of Mr. Kelly. The National Offender Management Service (NOMS) Custodial Property Estates Section agreed to meet the reasonable costs.Following the exhumation and reburial of the remains of Mr. Kelly, NOMS received in May 2006 invoices for the funeral directors and other services relating to the exhumation and reburial. These were settled the same month by final payment made to the solicitors who had requested the exhumation and reburial. There were two remaining claims for costs in respect of which requests for interim payments were made. The first claim related to the role of a person asked by the same solicitors to make the arrangements for the exhumation and reburial. However, no breakdown of the costs was supplied with the claim and as, despite several requests, such a breakdown was not provided no interim payment could be made. The information was eventually provided and the amount payable agreed and paid. The second claim related to the services of a psychologist. Following a meeting in August 2006 an offer to settle the claim was made that month but there was a delay in a formal response. NOMS is endeavouring to seek to settle this account appropriately.In November 2005, following an approach by solicitors about the exhumation and reburial of the remains of Mr. Kelly, the then Department of Constitutional Affairs contacted the head of NOMS Custodial Property Estates section who agreed to meet the reasonable costs of the exhumation and reburial. Invoices submitted by those solicitors for the funeral directors and other services relating to the exhumation and reburial were agreed and paid in May 2006. The claim for costs for the role of the person asked by the same solicitors to arrange the exhumation and reburial was agreed with the solicitors and paid in January 2008. The claim made by the solicitors for the services of a psychologist has yet to be resolved.The staff in Custodial Property Estates section dealing with estate management matters are professionally trained surveyors experienced in dealing with members of the public and all aspects relating to contracts which include alternative dispute resolution. If any specific training need were to be identified appropriate training would be arranged.The car parking area has been in use for a considerable number of years and to search for the information about decisions, as requested, could only be undertaken at disproportionate cost, if such information is still in existence. The brick paving and sand base over the graves can be removed to facilitate exhumation of remains.In cases where it is proposed to erect a building on land where there are graves it is normal practice for the remains to be exhumed and reburied away from the site. Such buildings are subject to the building regulations in the same way as other new prison buildings. The Coroners' Office has previously advised that there is no legislation or rules relating to burials preventing the use of such areas for car parking.Alternative dispute resolution and other such processes in relation to two claims in respect of costs relating to the exhumation and reburial of the remains of Mr. Kelly was raised in August 2006 by the solicitors who had requested the exhumation and reburial. With regard to the first claim from the person engaged by those solicitors to make the arrangements for the exhumation and reburial, in September 2006 that person served a claim against the solicitors who then served a claim against NOMS. The claim was resolved out of court. The second claim relates to the services of a psychologist. The NOMS Custodial Property Estates Section is endeavouring to resolve this matter without the need for a process such as the alternative dispute resolution as the sum in dispute is some £1,500.
Subjects
Cemeteries; HMP Liverpool; Kelly, George
Date
19 May 2008
Reference
476 c71-3W; 205725
House
House of Commons
(5) when the decision was taken to construct a car park over the grave area of executed persons at Walton Prison, Liverpool; who was responsible for the decision; what consideration was given to providing access to each grave; and if he will make a statement;
(5) when the decision was taken to construct a car park over the grave area of executed persons at Walton Prison, Liverpool; who was responsible for the decision; what consideration was given to providing access to each grave; and if he will make a statement;
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
12 May 2008
For answer on
14 May 2008
Answered on
19 May 2008
A request was received in November 2005 before the exhumation and reburial of the remains of Mr. Kelly. The National Offender Management Service (NOMS) Custodial Property Estates Section agreed to meet the reasonable costs.Following the exhumation and reburial of the remains of Mr. Kelly, NOMS received in May 2006 invoices for the funeral directors and other services relating to the exhumation and reburial. These were settled the same month by final payment made to the solicitors who had requested the exhumation and reburial. There were two remaining claims for costs in respect of which requests for interim payments were made. The first claim related to the role of a person asked by the same solicitors to make the arrangements for the exhumation and reburial. However, no breakdown of the costs was supplied with the claim and as, despite several requests, such a breakdown was not provided no interim payment could be made. The information was eventually provided and the amount payable agreed and paid. The second claim related to the services of a psychologist. Following a meeting in August 2006 an offer to settle the claim was made that month but there was a delay in a formal response. NOMS is endeavouring to seek to settle this account appropriately.In November 2005, following an approach by solicitors about the exhumation and reburial of the remains of Mr. Kelly, the then Department of Constitutional Affairs contacted the head of NOMS Custodial Property Estates section who agreed to meet the reasonable costs of the exhumation and reburial. Invoices submitted by those solicitors for the funeral directors and other services relating to the exhumation and reburial were agreed and paid in May 2006. The claim for costs for the role of the person asked by the same solicitors to arrange the exhumation and reburial was agreed with the solicitors and paid in January 2008. The claim made by the solicitors for the services of a psychologist has yet to be resolved.The staff in Custodial Property Estates section dealing with estate management matters are professionally trained surveyors experienced in dealing with members of the public and all aspects relating to contracts which include alternative dispute resolution. If any specific training need were to be identified appropriate training would be arranged.The car parking area has been in use for a considerable number of years and to search for the information about decisions, as requested, could only be undertaken at disproportionate cost, if such information is still in existence. The brick paving and sand base over the graves can be removed to facilitate exhumation of remains.In cases where it is proposed to erect a building on land where there are graves it is normal practice for the remains to be exhumed and reburied away from the site. Such buildings are subject to the building regulations in the same way as other new prison buildings. The Coroners' Office has previously advised that there is no legislation or rules relating to burials preventing the use of such areas for car parking.Alternative dispute resolution and other such processes in relation to two claims in respect of costs relating to the exhumation and reburial of the remains of Mr. Kelly was raised in August 2006 by the solicitors who had requested the exhumation and reburial. With regard to the first claim from the person engaged by those solicitors to make the arrangements for the exhumation and reburial, in September 2006 that person served a claim against the solicitors who then served a claim against NOMS. The claim was resolved out of court. The second claim relates to the services of a psychologist. The NOMS Custodial Property Estates Section is endeavouring to resolve this matter without the need for a process such as the alternative dispute resolution as the sum in dispute is some £1,500.
Subjects
Cemeteries; HMP Liverpool; Kelly, George
Date
19 May 2008
Reference
476 c71-3W; 205726
House
House of Commons
(6) what his policy is on building over graves sited on land (a) owned and (b) occupied by the National Offender Management Service; what regulations apply to building on such land; what guidance he issues on building on such land; what sanctions apply to breaches of (i) regulations and (ii)...
(6) what his policy is on building over graves sited on land (a) owned and (b) occupied by the National Offender Management Service; what regulations apply to building on such land; what guidance he issues on building on such land; what sanctions apply to breaches of (i) regulations and (ii)...
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
12 May 2008
For answer on
14 May 2008
Answered on
19 May 2008
A request was received in November 2005 before the exhumation and reburial of the remains of Mr. Kelly. The National Offender Management Service (NOMS) Custodial Property Estates Section agreed to meet the reasonable costs.Following the exhumation and reburial of the remains of Mr. Kelly, NOMS received in May 2006 invoices for the funeral directors and other services relating to the exhumation and reburial. These were settled the same month by final payment made to the solicitors who had requested the exhumation and reburial. There were two remaining claims for costs in respect of which requests for interim payments were made. The first claim related to the role of a person asked by the same solicitors to make the arrangements for the exhumation and reburial. However, no breakdown of the costs was supplied with the claim and as, despite several requests, such a breakdown was not provided no interim payment could be made. The information was eventually provided and the amount payable agreed and paid. The second claim related to the services of a psychologist. Following a meeting in August 2006 an offer to settle the claim was made that month but there was a delay in a formal response. NOMS is endeavouring to seek to settle this account appropriately.In November 2005, following an approach by solicitors about the exhumation and reburial of the remains of Mr. Kelly, the then Department of Constitutional Affairs contacted the head of NOMS Custodial Property Estates section who agreed to meet the reasonable costs of the exhumation and reburial. Invoices submitted by those solicitors for the funeral directors and other services relating to the exhumation and reburial were agreed and paid in May 2006. The claim for costs for the role of the person asked by the same solicitors to arrange the exhumation and reburial was agreed with the solicitors and paid in January 2008. The claim made by the solicitors for the services of a psychologist has yet to be resolved.The staff in Custodial Property Estates section dealing with estate management matters are professionally trained surveyors experienced in dealing with members of the public and all aspects relating to contracts which include alternative dispute resolution. If any specific training need were to be identified appropriate training would be arranged.The car parking area has been in use for a considerable number of years and to search for the information about decisions, as requested, could only be undertaken at disproportionate cost, if such information is still in existence. The brick paving and sand base over the graves can be removed to facilitate exhumation of remains.In cases where it is proposed to erect a building on land where there are graves it is normal practice for the remains to be exhumed and reburied away from the site. Such buildings are subject to the building regulations in the same way as other new prison buildings. The Coroners' Office has previously advised that there is no legislation or rules relating to burials preventing the use of such areas for car parking.Alternative dispute resolution and other such processes in relation to two claims in respect of costs relating to the exhumation and reburial of the remains of Mr. Kelly was raised in August 2006 by the solicitors who had requested the exhumation and reburial. With regard to the first claim from the person engaged by those solicitors to make the arrangements for the exhumation and reburial, in September 2006 that person served a claim against the solicitors who then served a claim against NOMS. The claim was resolved out of court. The second claim relates to the services of a psychologist. The NOMS Custodial Property Estates Section is endeavouring to resolve this matter without the need for a process such as the alternative dispute resolution as the sum in dispute is some £1,500.
Subjects
Cemeteries; HMP Liverpool; Kelly, George
Date
19 May 2008
Reference
476 c71-3W; 205727
House
House of Commons
(2) what requests for interim payments have been received by his Department and its agencies in respect of work conducted in connection with the exhumation and reburial of George Kelly; and when and how they were processed;
(2) what requests for interim payments have been received by his Department and its agencies in respect of work conducted in connection with the exhumation and reburial of George Kelly; and when and how they were processed;
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
12 May 2008
For answer on
14 May 2008
Answered on
19 May 2008
A request was received in November 2005 before the exhumation and reburial of the remains of Mr. Kelly. The National Offender Management Service (NOMS) Custodial Property Estates Section agreed to meet the reasonable costs.Following the exhumation and reburial of the remains of Mr. Kelly, NOMS received in May 2006 invoices for the funeral directors and other services relating to the exhumation and reburial. These were settled the same month by final payment made to the solicitors who had requested the exhumation and reburial. There were two remaining claims for costs in respect of which requests for interim payments were made. The first claim related to the role of a person asked by the same solicitors to make the arrangements for the exhumation and reburial. However, no breakdown of the costs was supplied with the claim and as, despite several requests, such a breakdown was not provided no interim payment could be made. The information was eventually provided and the amount payable agreed and paid. The second claim related to the services of a psychologist. Following a meeting in August 2006 an offer to settle the claim was made that month but there was a delay in a formal response. NOMS is endeavouring to seek to settle this account appropriately.In November 2005, following an approach by solicitors about the exhumation and reburial of the remains of Mr. Kelly, the then Department of Constitutional Affairs contacted the head of NOMS Custodial Property Estates section who agreed to meet the reasonable costs of the exhumation and reburial. Invoices submitted by those solicitors for the funeral directors and other services relating to the exhumation and reburial were agreed and paid in May 2006. The claim for costs for the role of the person asked by the same solicitors to arrange the exhumation and reburial was agreed with the solicitors and paid in January 2008. The claim made by the solicitors for the services of a psychologist has yet to be resolved.The staff in Custodial Property Estates section dealing with estate management matters are professionally trained surveyors experienced in dealing with members of the public and all aspects relating to contracts which include alternative dispute resolution. If any specific training need were to be identified appropriate training would be arranged.The car parking area has been in use for a considerable number of years and to search for the information about decisions, as requested, could only be undertaken at disproportionate cost, if such information is still in existence. The brick paving and sand base over the graves can be removed to facilitate exhumation of remains.In cases where it is proposed to erect a building on land where there are graves it is normal practice for the remains to be exhumed and reburied away from the site. Such buildings are subject to the building regulations in the same way as other new prison buildings. The Coroners' Office has previously advised that there is no legislation or rules relating to burials preventing the use of such areas for car parking.Alternative dispute resolution and other such processes in relation to two claims in respect of costs relating to the exhumation and reburial of the remains of Mr. Kelly was raised in August 2006 by the solicitors who had requested the exhumation and reburial. With regard to the first claim from the person engaged by those solicitors to make the arrangements for the exhumation and reburial, in September 2006 that person served a claim against the solicitors who then served a claim against NOMS. The claim was resolved out of court. The second claim relates to the services of a psychologist. The NOMS Custodial Property Estates Section is endeavouring to resolve this matter without the need for a process such as the alternative dispute resolution as the sum in dispute is some £1,500.
Subjects
Kelly, George
Date
19 May 2008
Reference
476 c71-3W; 205723
House
House of Commons
To ask the Secretary of State for Justice (1) on what date the National Offender Management Service received the request to meet the costs of the exhumation and reburial of George Kelly at Walton Prison, Liverpool;
To ask the Secretary of State for Justice (1) on what date the National Offender Management Service received the request to meet the costs of the exhumation and reburial of George Kelly at Walton Prison, Liverpool;
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
12 May 2008
For answer on
14 May 2008
Answered on
19 May 2008
A request was received in November 2005 before the exhumation and reburial of the remains of Mr. Kelly. The National Offender Management Service (NOMS) Custodial Property Estates Section agreed to meet the reasonable costs.Following the exhumation and reburial of the remains of Mr. Kelly, NOMS received in May 2006 invoices for the funeral directors and other services relating to the exhumation and reburial. These were settled the same month by final payment made to the solicitors who had requested the exhumation and reburial. There were two remaining claims for costs in respect of which requests for interim payments were made. The first claim related to the role of a person asked by the same solicitors to make the arrangements for the exhumation and reburial. However, no breakdown of the costs was supplied with the claim and as, despite several requests, such a breakdown was not provided no interim payment could be made. The information was eventually provided and the amount payable agreed and paid. The second claim related to the services of a psychologist. Following a meeting in August 2006 an offer to settle the claim was made that month but there was a delay in a formal response. NOMS is endeavouring to seek to settle this account appropriately.In November 2005, following an approach by solicitors about the exhumation and reburial of the remains of Mr. Kelly, the then Department of Constitutional Affairs contacted the head of NOMS Custodial Property Estates section who agreed to meet the reasonable costs of the exhumation and reburial. Invoices submitted by those solicitors for the funeral directors and other services relating to the exhumation and reburial were agreed and paid in May 2006. The claim for costs for the role of the person asked by the same solicitors to arrange the exhumation and reburial was agreed with the solicitors and paid in January 2008. The claim made by the solicitors for the services of a psychologist has yet to be resolved.The staff in Custodial Property Estates section dealing with estate management matters are professionally trained surveyors experienced in dealing with members of the public and all aspects relating to contracts which include alternative dispute resolution. If any specific training need were to be identified appropriate training would be arranged.The car parking area has been in use for a considerable number of years and to search for the information about decisions, as requested, could only be undertaken at disproportionate cost, if such information is still in existence. The brick paving and sand base over the graves can be removed to facilitate exhumation of remains.In cases where it is proposed to erect a building on land where there are graves it is normal practice for the remains to be exhumed and reburied away from the site. Such buildings are subject to the building regulations in the same way as other new prison buildings. The Coroners' Office has previously advised that there is no legislation or rules relating to burials preventing the use of such areas for car parking.Alternative dispute resolution and other such processes in relation to two claims in respect of costs relating to the exhumation and reburial of the remains of Mr. Kelly was raised in August 2006 by the solicitors who had requested the exhumation and reburial. With regard to the first claim from the person engaged by those solicitors to make the arrangements for the exhumation and reburial, in September 2006 that person served a claim against the solicitors who then served a claim against NOMS. The claim was resolved out of court. The second claim relates to the services of a psychologist. The NOMS Custodial Property Estates Section is endeavouring to resolve this matter without the need for a process such as the alternative dispute resolution as the sum in dispute is some £1,500.
Subjects
Kelly, George
Date
19 May 2008
Reference
476 c71-3W; 205722
House
House of Commons
(7) what requests his Department and its agencies have received for alternative dispute resolution of outstanding issues regarding the costs involved in connection with the exhumation and reburial of George Kelly at Walton Prison, Liverpool; and what steps were taken to (a) respond to and (b) comply with such requests.
(7) what requests his Department and its agencies have received for alternative dispute resolution of outstanding issues regarding the costs involved in connection with the exhumation and reburial of George Kelly at Walton Prison, Liverpool; and what steps were taken to (a) respond to and (b) comply with such requests.
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
12 May 2008
For answer on
14 May 2008
Answered on
19 May 2008
A request was received in November 2005 before the exhumation and reburial of the remains of Mr. Kelly. The National Offender Management Service (NOMS) Custodial Property Estates Section agreed to meet the reasonable costs.Following the exhumation and reburial of the remains of Mr. Kelly, NOMS received in May 2006 invoices for the funeral directors and other services relating to the exhumation and reburial. These were settled the same month by final payment made to the solicitors who had requested the exhumation and reburial. There were two remaining claims for costs in respect of which requests for interim payments were made. The first claim related to the role of a person asked by the same solicitors to make the arrangements for the exhumation and reburial. However, no breakdown of the costs was supplied with the claim and as, despite several requests, such a breakdown was not provided no interim payment could be made. The information was eventually provided and the amount payable agreed and paid. The second claim related to the services of a psychologist. Following a meeting in August 2006 an offer to settle the claim was made that month but there was a delay in a formal response. NOMS is endeavouring to seek to settle this account appropriately.In November 2005, following an approach by solicitors about the exhumation and reburial of the remains of Mr. Kelly, the then Department of Constitutional Affairs contacted the head of NOMS Custodial Property Estates section who agreed to meet the reasonable costs of the exhumation and reburial. Invoices submitted by those solicitors for the funeral directors and other services relating to the exhumation and reburial were agreed and paid in May 2006. The claim for costs for the role of the person asked by the same solicitors to arrange the exhumation and reburial was agreed with the solicitors and paid in January 2008. The claim made by the solicitors for the services of a psychologist has yet to be resolved.The staff in Custodial Property Estates section dealing with estate management matters are professionally trained surveyors experienced in dealing with members of the public and all aspects relating to contracts which include alternative dispute resolution. If any specific training need were to be identified appropriate training would be arranged.The car parking area has been in use for a considerable number of years and to search for the information about decisions, as requested, could only be undertaken at disproportionate cost, if such information is still in existence. The brick paving and sand base over the graves can be removed to facilitate exhumation of remains.In cases where it is proposed to erect a building on land where there are graves it is normal practice for the remains to be exhumed and reburied away from the site. Such buildings are subject to the building regulations in the same way as other new prison buildings. The Coroners' Office has previously advised that there is no legislation or rules relating to burials preventing the use of such areas for car parking.Alternative dispute resolution and other such processes in relation to two claims in respect of costs relating to the exhumation and reburial of the remains of Mr. Kelly was raised in August 2006 by the solicitors who had requested the exhumation and reburial. With regard to the first claim from the person engaged by those solicitors to make the arrangements for the exhumation and reburial, in September 2006 that person served a claim against the solicitors who then served a claim against NOMS. The claim was resolved out of court. The second claim relates to the services of a psychologist. The NOMS Custodial Property Estates Section is endeavouring to resolve this matter without the need for a process such as the alternative dispute resolution as the sum in dispute is some £1,500.
Subjects
Kelly, George
Date
19 May 2008
Reference
476 c71-3W; 205728
House
House of Commons
(3) what agreement the National Offender Management Service reached on the costs incurred in the exhumation and reburial of the remains of George Kelly at Walton Prison, Liverpool; with whom the agreement was reached; and on what date;
(3) what agreement the National Offender Management Service reached on the costs incurred in the exhumation and reburial of the remains of George Kelly at Walton Prison, Liverpool; with whom the agreement was reached; and on what date;
Asked by
Adrian Sanders
(Liberal Democrat)
Answered by
Lord Hanson of Flint
(Labour)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
12 May 2008
For answer on
14 May 2008
Answered on
19 May 2008
A request was received in November 2005 before the exhumation and reburial of the remains of Mr. Kelly. The National Offender Management Service (NOMS) Custodial Property Estates Section agreed to meet the reasonable costs.Following the exhumation and reburial of the remains of Mr. Kelly, NOMS received in May 2006 invoices for the funeral directors and other services relating to the exhumation and reburial. These were settled the same month by final payment made to the solicitors who had requested the exhumation and reburial. There were two remaining claims for costs in respect of which requests for interim payments were made. The first claim related to the role of a person asked by the same solicitors to make the arrangements for the exhumation and reburial. However, no breakdown of the costs was supplied with the claim and as, despite several requests, such a breakdown was not provided no interim payment could be made. The information was eventually provided and the amount payable agreed and paid. The second claim related to the services of a psychologist. Following a meeting in August 2006 an offer to settle the claim was made that month but there was a delay in a formal response. NOMS is endeavouring to seek to settle this account appropriately.In November 2005, following an approach by solicitors about the exhumation and reburial of the remains of Mr. Kelly, the then Department of Constitutional Affairs contacted the head of NOMS Custodial Property Estates section who agreed to meet the reasonable costs of the exhumation and reburial. Invoices submitted by those solicitors for the funeral directors and other services relating to the exhumation and reburial were agreed and paid in May 2006. The claim for costs for the role of the person asked by the same solicitors to arrange the exhumation and reburial was agreed with the solicitors and paid in January 2008. The claim made by the solicitors for the services of a psychologist has yet to be resolved.The staff in Custodial Property Estates section dealing with estate management matters are professionally trained surveyors experienced in dealing with members of the public and all aspects relating to contracts which include alternative dispute resolution. If any specific training need were to be identified appropriate training would be arranged.The car parking area has been in use for a considerable number of years and to search for the information about decisions, as requested, could only be undertaken at disproportionate cost, if such information is still in existence. The brick paving and sand base over the graves can be removed to facilitate exhumation of remains.In cases where it is proposed to erect a building on land where there are graves it is normal practice for the remains to be exhumed and reburied away from the site. Such buildings are subject to the building regulations in the same way as other new prison buildings. The Coroners' Office has previously advised that there is no legislation or rules relating to burials preventing the use of such areas for car parking.Alternative dispute resolution and other such processes in relation to two claims in respect of costs relating to the exhumation and reburial of the remains of Mr. Kelly was raised in August 2006 by the solicitors who had requested the exhumation and reburial. With regard to the first claim from the person engaged by those solicitors to make the arrangements for the exhumation and reburial, in September 2006 that person served a claim against the solicitors who then served a claim against NOMS. The claim was resolved out of court. The second claim relates to the services of a psychologist. The NOMS Custodial Property Estates Section is endeavouring to resolve this matter without the need for a process such as the alternative dispute resolution as the sum in dispute is some £1,500.
Subjects
Kelly, George
Date
19 May 2008
Reference
476 c71-3W; 205724
House
House of Commons