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To ask the Secretary of State for Justice, pursuant to the Answer of 12 May 2023 to Question 184838, what his Department's planned timescale is for the review on improvements to the information held on warrant applications; and if he will make a statement upon the conclusion of that review.
To ask the Secretary of State for Justice, pursuant to the Answer of 12 May 2023 to Question 184838, what his Department's planned timescale is for the review on improvements to the information held on warrant applications; and if he will make a statement upon the conclusion of that review.
It is not yet possible to commit to a timescale for a decision on the improvements to be made to the collection of information concerning applications for rights of entry warrants by energy firms. This is because any changes would need to be applied to the systems and processes of both HM Courts and Tribunals Service and the energy firms. Changes need to be costed, agreed, and prioritised against other system changes, following consultation with the judiciary.
To ask the Secretary of State for Justice, whether his Department will begin to record information on the reasons for the granting of warrants to allow energy firms to force entry into people's homes.
To ask the Secretary of State for Justice, whether his Department will begin to record information on the reasons for the granting of warrants to allow energy firms to force entry into people's homes.
HMCTS has kept a central register of all applications for warrants of entry since 2018. The data sets out how many applications are successful or refused. However, the figures represent all warrants of entry under the Gas and Electricity Acts, so for example, warrants for the purpose of installing a prepayment meter cannot be isolated from the data. HMCTS is reviewing what further improvements we can make to the information we hold and may collect in the future.
To ask the Secretary of State for Justice, with reference to the Minister for Energy and Climate's response to the hon. Member for Harwich and North Essex during the Urgent Question on Prepayment Meters: Ofgem Decision on 6 February 2023, Official Report, column 672, whether he plans to publish his...
To ask the Secretary of State for Justice, with reference to the Minister for Energy and Climate's response to the hon. Member for Harwich and North Essex during the Urgent Question on Prepayment Meters: Ofgem Decision on 6 February 2023, Official Report, column 672, whether he plans to publish his...
All warrants for forced entry to install pre-payment meters are made by members of the judiciary under the Rights of Entry (Gas and Electricity Boards) Act 1954 in accordance with rights of entry granted by the Gas Act 1986 and the Electricity Act 1989.
Statutory responsibility for issuing guidance to the judiciary is held by the Lord Chief Justice, the Senior President of Tribunals, and the Chief Coroner.
As the judiciary are independent, it is not appropriate to comment on judicial matters.
To ask the Secretary of State for Justice, whether he has had recent discussions with the senior presiding judge of England and Wales on whether his recent guidance to magistrates on the suspension of the granting of warrants for forced entry to install prepayment meters included the cancellation of warrants...
To ask the Secretary of State for Justice, whether he has had recent discussions with the senior presiding judge of England and Wales on whether his recent guidance to magistrates on the suspension of the granting of warrants for forced entry to install prepayment meters included the cancellation of warrants...
It is standard practice not to comment on discussions between Ministers and the judiciary. The Senior Presiding Judge has made the position clear, and it is not the role of Ministers to comment on judicial decisions. The scope of judicial decisions and advice is a matter for the judiciary, who act independently from government.
To ask the Secretary of State for Justice, what role HM Courts and Tribunals Service (HMCTS) has in allocating court warrants to energy firms to individual magistrates courts; what factors influence its decision making when deciding which court to send cases to; and what checks HMCTS takes to ensure that...
To ask the Secretary of State for Justice, what role HM Courts and Tribunals Service (HMCTS) has in allocating court warrants to energy firms to individual magistrates courts; what factors influence its decision making when deciding which court to send cases to; and what checks HMCTS takes to ensure that...
Listing is a judicial responsibility and function, and cases are listed by HMCTS under the supervision of the judiciary. Applications for a warrant to authorise entry to premises under section 2 of the Rights of Entry (Gas and Electricity Boards) Act 1954 may be made to a magistrate either in private or sitting in open court. If such an application is uncontested it may be heard over a live link without a public hearing and the applicant and the magistrate may be in different places. Contested applications are listed in open court at a magistrates' court selected by the energy firm’s customer. It is the responsibility of the energy company, prior to making their application, in accordance with Ofgem’s Gas and Electricity Codes of Practice for Domestic Suppliers, to undertake checks on the vulnerability of the occupiers of the premises in respect of which the application is made. Applicants confirm on oath that such checks have been undertaken.
To ask the Secretary of State for Justice, pursuant to the Answer of 11 January 2023 to Question 114828 on Energy: Meters and to the Answer of 31 January 2023 to Question 130110 on Energy: Meters, whether his Department has issued guidance to magistrates on energy companies seeking a warrant...
To ask the Secretary of State for Justice, pursuant to the Answer of 11 January 2023 to Question 114828 on Energy: Meters and to the Answer of 31 January 2023 to Question 130110 on Energy: Meters, whether his Department has issued guidance to magistrates on energy companies seeking a warrant...
The statutory responsibility for issuing guidance to the judiciary is held by the Lord Chief Justice, the Senior President of Tribunals, and the Chief Coroner. They do not consult the government on the guidance they issue to the judiciary as they are independent of government.
To ask the Secretary of State for Justice, whether the HM Courts and Tribunals Service has provided recent guidance to magistrates on the bulk approval of requests for warrants of entry by energy firms.
To ask the Secretary of State for Justice, whether the HM Courts and Tribunals Service has provided recent guidance to magistrates on the bulk approval of requests for warrants of entry by energy firms.
The judiciary is independent and not subject to direction by HM Courts and Tribunals Service or the Lord Chancellor. Justices’ Legal Advisers are employed by HMCTS, but their independence is guaranteed by sections 28 and 29 of the Courts Act 2003 which provides that, in the giving of advice and guidance, they are not subject to the direction of the Lord Chancellor or any other person apart from the Lord Chief Justice or his nominee.
To ask the Secretary of State for Justice, whether his Department was consulted before the recent advice was issued by the National Leadership Magistrate to magistrates regarding the granting of warrants to force fit prepayment meters.
To ask the Secretary of State for Justice, whether his Department was consulted before the recent advice was issued by the National Leadership Magistrate to magistrates regarding the granting of warrants to force fit prepayment meters.
The statutory responsibility for issuing guidance to the judiciary is held by the Lord Chief Justice, the Senior President of Tribunals, and the Chief Coroner. To preserve the independence of the judiciary, they are not subject to direction or required to consult the government on the guidance they issue.
To ask the Secretary of State for Justice, pursuant to the Answer of 30 January 2023 to Question 131105 on Energy: Meters, how many court orders were granted allowing energy companies to forcibly install prepayment meters in homes in the week commencing 23 January 2023.
To ask the Secretary of State for Justice, pursuant to the Answer of 30 January 2023 to Question 131105 on Energy: Meters, how many court orders were granted allowing energy companies to forcibly install prepayment meters in homes in the week commencing 23 January 2023.
For the week commencing 23 January 2023, 6,360 warrants requested by energy suppliers were granted, uncontested by customers/occupiers.
These figures represent all warrants to enforce rights of entry, including those relating to safety, as warrants specifically for the purpose of installing a prepayment meter cannot be isolated from the data. The figures do not distinguish between residential or business premises either.
In granting any one or more application(s), the Justice of the Peace must be satisfied by evidence given on oath by the energy supplier or their representative that the statutory requirements have been met, that the supplier and the agent comply with the requirements of Ofgem, and occupiers have been informed of their right to a hearing.
These data are management information and are not subject to the same level of checks as official statistics. The data provided is the most recent available and for that reason might differ slightly from any previously published information. Recent data are especially vulnerable to quality checking and so may be subject to change.
To ask the Secretary of State for Justice, whether his Department has (a) provided recent guidance to and (b) had recent discussions with the judiciary on the issuing of warrants for the forcible installation of prepayment meters.
To ask the Secretary of State for Justice, whether his Department has (a) provided recent guidance to and (b) had recent discussions with the judiciary on the issuing of warrants for the forcible installation of prepayment meters.
The Lord Chancellor and Ministers regularly discuss a broad range of justice matters with the senior judiciary.
As the Business Secretary announced on 23 January 2023, the Government is working to deliver a five-point plan to protect customers who are struggling with the cost of energy. As part of this plan, the Department for Business, Energy and Industrial Strategy and the Ministry of Justice will work with Ofgem, to ensure that the process by which suppliers bring cases to court to seek entry to install prepayment meters is fair, transparent and supports vulnerable customers.
To ask the Secretary of State for Justice, how many court orders have been granted allowing energy companies to forcibly install prepayment meters in homes since (a) the start of January 2023 and (b) the week commencing 16 January 2023.
To ask the Secretary of State for Justice, how many court orders have been granted allowing energy companies to forcibly install prepayment meters in homes since (a) the start of January 2023 and (b) the week commencing 16 January 2023.
Between 1 January and 25 January 2023, 26,430 warrants requested by energy suppliers were granted, uncontested by customers/occupiers. For the week commencing 16 January 2023, 6,556 uncontested warrants requested by energy suppliers were granted. In granting any one or more application(s), the Justice of the Peace must be satisfied by evidence given on oath by the energy supplier or their representative that the statutory requirements have been met, that the supplier and the agent comply with the requirements of Ofgem, and occupiers have been informed of their right to a hearing.
These figures represent all warrants to enforce rights of entry, including those relating to safety, as warrants specifically for the purpose of installing a prepayment meter cannot be isolated from the data. The figures do not distinguish between residential or business premises either.
These data are management information and are not subject to the same level of checks as official statistics. The data provided is the most recent available and for that reason might differ slightly from any previously published information. Recent data are especially vulnerable to quality checking and so may be subject to change.
To ask the Secretary of State for Justice, how many court warrants to forcibly enter homes requested by energy suppliers' debt agents have been refused by magistrates since July 2021.
To ask the Secretary of State for Justice, how many court warrants to forcibly enter homes requested by energy suppliers' debt agents have been refused by magistrates since July 2021.
The information requested could only be obtained at disproportionate cost.
To ask the Secretary of State for Justice, what information he holds on the number of warrants issued in (a) England, (b) Wales, (c) Northern Ireland and (d) Scotland to allow energy companies to forcibly enter properties to install prepayment meters in each of the last three years; and if...
To ask the Secretary of State for Justice, what information he holds on the number of warrants issued in (a) England, (b) Wales, (c) Northern Ireland and (d) Scotland to allow energy companies to forcibly enter properties to install prepayment meters in each of the last three years; and if...
The judicial systems in both Scotland and Northern Ireland are devolved, and the Ministry of Justice holds no data in respect of applications made in those jurisdictions.
We do hold information on the number of warrants applied for and granted. I refer the honourable Member to the answer given on 18 January 2023 to Question UIN 122504 where I published data on warrants from January 2020 to December 2022.
Data by energy supplier on the number of warrants granted and refused following an application by an energy supplier could only be obtained at disproportionate cost.
Data on a local authority and constituency level is not held.
The Government is committed to supporting all households with the Energy Price Guarantee - saving a typical household c.£900 this winter – plus the £400 discount on energy bills. The most vulnerable households will get £1,200, plus other cost of living support delivered via benefits and pensions.
To ask the Secretary of State for Justice, if he will take steps to obtain information on the number of warrants issued by (a) magistrates in England, (b) magistrates in Wales, (c) magistrates in Northern Ireland and (d) by sheriffs in Scotland to allow energy companies to forcibly enter properties...
To ask the Secretary of State for Justice, if he will take steps to obtain information on the number of warrants issued by (a) magistrates in England, (b) magistrates in Wales, (c) magistrates in Northern Ireland and (d) by sheriffs in Scotland to allow energy companies to forcibly enter properties...
The judicial systems in both Scotland and Northern Ireland are devolved, and the Ministry of Justice holds no data in respect of applications made in those jurisdictions.
We do hold information on the number of warrants applied for and granted. I refer the honourable Member to the answer given on 18 January 2023 to Question UIN 122504 where I published data on warrants from January 2020 to December 2022.
Data by energy supplier on the number of warrants granted and refused following an application by an energy supplier could only be obtained at disproportionate cost.
Data on a local authority and constituency level is not held.
The Government is committed to supporting all households with the Energy Price Guarantee - saving a typical household c.£900 this winter – plus the £400 discount on energy bills. The most vulnerable households will get £1,200, plus other cost of living support delivered via benefits and pensions.
To ask the Secretary of State for Justice, with reference to his contribution of 10 January, Official Report column 422, when he plans to raise concerns with the judiciary about the scrutiny applied to warrants for forcible prepayment meter installations; and if he will make a statement on the outcome...
To ask the Secretary of State for Justice, with reference to his contribution of 10 January, Official Report column 422, when he plans to raise concerns with the judiciary about the scrutiny applied to warrants for forcible prepayment meter installations; and if he will make a statement on the outcome...
Further to my response on 10 January 2023, I am in the process of raising the matter with the senior judiciary, and at this stage do not plan on making a statement.
To ask the Secretary of State for Justice, how many warrants to access utility meters were sought in (a) Scotland and (b) the UK in each month since January 2020.
To ask the Secretary of State for Justice, how many warrants to access utility meters were sought in (a) Scotland and (b) the UK in each month since January 2020.
The judicial systems in both Scotland and Northern Ireland are devolved, and the Ministry of Justice holds no data in respect of applications made in those jurisdictions.
Monthly breakdowns for England and Wales, in the period between January 2020 and December 2022, are included in the attached table. These data are management information and are not subject to the same level of checks as official statistics. The data provided is the most recent available and for that reason might differ slightly from any previously published information.
The Government is committed to supporting all households with the Energy Price Guarantee - saving a typical household c.£900 this winter – plus the £400 discount on energy bills. The most vulnerable households will get £1,200, plus other cost of living support delivered via benefits and pensions.
To ask the Secretary of State for Justice, how many court warrants have been granted for energy companies to switch customers to pre-payment meters in the last 12 months.
To ask the Secretary of State for Justice, how many court warrants have been granted for energy companies to switch customers to pre-payment meters in the last 12 months.
I refer the Honourable Member to the answer I gave on 13 January 2023 to question UIN 114829.
To ask the Secretary of State for Justice, what assessment he has made of trends in the volume of warrants being issued by magistrates to install prepayment meters.
To ask the Secretary of State for Justice, what assessment he has made of trends in the volume of warrants being issued by magistrates to install prepayment meters.
Under the applicable statutory framework, in order to grant an application to enforce a right of entry, a justice must be satisfied that:
- There is a right of entry;
- Admission is reasonably required; and
- The requirements of the Gas Act or Electricity Act have been complied with (this relates principally to the giving of notice).
The justice must be satisfied on the balance of probabilities that these grounds apply. The legislation, which the Justice of the Peace must apply, does not require the energy supplier to demonstrate they are acting as a last resort in seeking a warrant to install a prepayment meter to avoid disconnecting the customer’s supply.
Since 2019 the volume of warrants issued has been increasing year on year, save for a dip during 2020, peaking at 367,084 in 2022.
Year | Granted | Refused | Total |
2019 | 277,142 | 1,824 | 278,966 |
2020 | 221,494 | 43 | 221,537 |
2021 | 332,277 | 36 | 332,313 |
2022 | 367,084 | 56 | 367,140 |
In the period between July 2021 and December 2022, a total 536,214 warrants were applied for by energy suppliers. Of those, the vast majority (536,139) were granted; while 75 were refused.
These figures represent all warrants of entry, as warrants for the purpose of installing a prepayment meter cannot be isolated from the data.
Data by court centre on the number of warrants granted and refused following an application by an energy supplier can be found in the table attached. Data on a constituency level is not held.
These data are management information and are not subject to the same level of checks as official statistics. The data provided is the most recent available and for that reason might differ slightly from any previously published information.
More widely we are supporting all households with the Energy Price Guarantee - saving a typical household c.£900 this winter – plus the £400 discount on energy bills. The most vulnerable households will get £1,200, plus other cost of living support delivered via benefits and pensions.
To ask the Secretary of State for Justice, if he will publish the number of prepayment meter warrants which have been (a) granted and (b) refused in England and Wales by (i) constituency and (ii) court circuit per month since July 2021.
To ask the Secretary of State for Justice, if he will publish the number of prepayment meter warrants which have been (a) granted and (b) refused in England and Wales by (i) constituency and (ii) court circuit per month since July 2021.
Under the applicable statutory framework, in order to grant an application to enforce a right of entry, a justice must be satisfied that:
- There is a right of entry;
- Admission is reasonably required; and
- The requirements of the Gas Act or Electricity Act have been complied with (this relates principally to the giving of notice).
The justice must be satisfied on the balance of probabilities that these grounds apply. The legislation, which the Justice of the Peace must apply, does not require the energy supplier to demonstrate they are acting as a last resort in seeking a warrant to install a prepayment meter to avoid disconnecting the customer’s supply.
Since 2019 the volume of warrants issued has been increasing year on year, save for a dip during 2020, peaking at 367,084 in 2022.
Year | Granted | Refused | Total |
2019 | 277,142 | 1,824 | 278,966 |
2020 | 221,494 | 43 | 221,537 |
2021 | 332,277 | 36 | 332,313 |
2022 | 367,084 | 56 | 367,140 |
In the period between July 2021 and December 2022, a total 536,214 warrants were applied for by energy suppliers. Of those, the vast majority (536,139) were granted; while 75 were refused.
These figures represent all warrants of entry, as warrants for the purpose of installing a prepayment meter cannot be isolated from the data.
Data by court centre on the number of warrants granted and refused following an application by an energy supplier can be found in the table attached. Data on a constituency level is not held.
These data are management information and are not subject to the same level of checks as official statistics. The data provided is the most recent available and for that reason might differ slightly from any previously published information.
More widely we are supporting all households with the Energy Price Guarantee - saving a typical household c.£900 this winter – plus the £400 discount on energy bills. The most vulnerable households will get £1,200, plus other cost of living support delivered via benefits and pensions.
To ask the Secretary of State for Justice, what the burden of proof required by an energy supplier is to demonstrate they are acting as a last resort in seeking a warrant to install a prepayment meter.
To ask the Secretary of State for Justice, what the burden of proof required by an energy supplier is to demonstrate they are acting as a last resort in seeking a warrant to install a prepayment meter.
Under the applicable statutory framework, in order to grant an application to enforce a right of entry, a justice must be satisfied that:
- There is a right of entry;
- Admission is reasonably required; and
- The requirements of the Gas Act or Electricity Act have been complied with (this relates principally to the giving of notice).
The justice must be satisfied on the balance of probabilities that these grounds apply. The legislation, which the Justice of the Peace must apply, does not require the energy supplier to demonstrate they are acting as a last resort in seeking a warrant to install a prepayment meter to avoid disconnecting the customer’s supply.