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Written Answers to Questions
Monday 5 December 1994
LORD CHANCELLOR'S DEPARTMENT
Gipsies and Travellers
Mr. Jim Cunningham: To ask the Parliamentary Secretary, Lord Chancellor's Department what discussions he has had with his ministerial colleagues regarding the effects of withdrawing the legal obligation to provide sites for gipsy and traveller communities with particular reference to a possible challenge in the European Court of Human Rights.
Mr. John M. Taylor: None. Policy in this area is not a matter for which my Department has responsibility.
Mr. Jim Cunningham: To ask the Parliamentary Secretary, Lord Chancellor's Department what external advice he was given regarding the withdrawal of the legal obligation to provide sites for travellers and gipsies under the Criminal Justice and Public Order Act 1994.
Mr. John M. Taylor: None. This policy is not one for which my Department has responsibility.
Court Hearings (Waiting Lists)
Mr. Jim Cunningham: To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to reduce long waiting times before court hearings are heard.
Mr. John M. Taylor: The work of all courts is monitored to ensure the most effective use of resources to reduce delay for court users. Waiting times for cases vary considerably and are determined by several factors, some of which are outside the control of the courts.
In the Crown court, current initiatives include the introduction of plea and directions hearings to help reduce delays. More circuit judges have been appointed and plans have been made to increase the number of days sat in the Crown court.
With regard to civil cases, Lord Woolf is conducting a wide-ranging review of the rules and procedures in the civil courts, and Dame Margaret Booth is researching delay in Children Act cases.
Legal Aid
Mr. Jim Cunningham: To ask the Parliamentary Secretary, Lord Chancellor's Department what representations he has received on the likely effect of the changes to legal aid regarding the combination of fees for advocacy and litigation in criminal cases in magistrates courts in the willingness of solicitors to undertake advocacy work; and if he will make a statement.
Mr. John M. Taylor: There have been no recent changes in legal aid payments in criminal cases in the magistrates courts which have resulted in combined fees for litigation and advocacy. I have no plans to introduce
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such changes. Accordingly, I have received no representations about this subject.Mr. Cyril D. Townsend: To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the qualifications for legal aid.
Mr. John M. Taylor: To qualify for civil legal aid, an applicant must be able to show that he or she has reasonable grounds for taking or defending an action and that it is reasonable in all the circumstances of the case that legal aid be granted. He or she must also be assessed as having disposable income and capital within limits laid down in regulations. These are currently £7,060 for income and £6,750 for capital; the figures are £7,780 and £8,560 for personal injury cases. An applicant for criminal legal aid must be able to show that it is in the interest of justice that legal aid be granted, and that he requires help in meeting the costs of his case.
Mr. Flynn: To ask the Parliamentary Secretary, Lord Chancellor's Department what was the total number of medical legal aid cases which were received between January 1983 and December 1993; and how many of these cases required a tribunal sitting.
Mr. John M. Taylor: Legal aid is not available for the majority of cases dealt with by tribunals. Legal aid is available, however, for pursuing claims in the civil courts. The number of legal aid certificates issued in respect of medical negligence cases is available only on a financial year basis; between April 1983 and March 1994 approximately 81,000 civil legal aid certificates were issued in total. Information is not available as to the means of disposal of those cases.
Mr. Flynn: To ask the Parliamentary Secretary, Lord Chancellor's Department what estimate he has made of the amount and the percentage of the legal aid budget that was spent in the past three years by those claiming (a) because their financial assets were frozen and (b) they were bankrupt.
Mr. John M. Taylor: The information requested is not available.
Disabled People
Mr. McNamara: To ask the Parliamentary Secretary, Lord Chancellor's Department what is the budget allocated by his Department and associated agencies for each of the next five years for, and how many staff or staff hours equivalent have been allocated to achieve the objectives of, the programme for action to achieve equality of opportunity in the civil service for disabled people.
Mr. John M. Taylor: Departmental and agency expenditure in support of the programme for action to achieve equality of opportunity in the civil service for disabled people includes cost elements associated with staff numbers, training, publicity, provision of special equipment and modifications to buildings and cannot be disaggregated. The number of staff or staff hours equivalent allocated to achieve the objectives cannot be estimated as implementation will require the commitment of staff throughout the Department and its agencies.
Mr. McNamara: To ask the Parliamentary Secretary, Lord Chancellor's Department what is the number and percentage of disabled people employed by his Department and associated agencies over the past five years; and what are the projected figures for the next five years.
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Mr. John M. Taylor: Details of the number of staff who have declared a disability for the years 1990 to 1994 inclusive are set out in the tables. For the Lord Chancellor's Department and the Public Trust Office
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details are given of those staff who have classified themselves as disabled, whether registered or not. Projected figures for the next five years are not available.
Number and percentage of disabled staff employed by the Lord Chancellor's Department over the
past five years.
|Able Bodied|Per cent. |Disabled |Per cent. |Not Known |Per cent.
------------------------------------------------------------------------------------------------
1990 |7,063 |62.8 |379 |3.4 |3,809 |33.8
1991 |7,984 |67.8 |422 |3.6 |3,360 |28.6
1992 |8,776 |72.9 |464 |3.8 |2,770 |23.3
1993 |8,954 |74 |454 |3.8 |2,679 |22.2
1994 |8,720 |73.4 |401 |3.4 |2,765 |23.2
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Number and Percentage of Disabled Staff Employed by the Public Trust Office over the Past Five
Years.
|Able Bodied|Per cent. |Disabled |Per cent. |Not Known |Per cent.
------------------------------------------------------------------------------------------------
1990 |354 |59.5 |15 |2.5 |226 |38
1991 |372 |63.6 |16 |2.7 |197 |33.7
1992 |395 |67.4 |17 |2.9 |175 |29.7
1993 |398 |70.3 |19 |3.4 |149 |26.3
1994 |380 |69.1 |18 |3.3 |152 |27.6
Number and Percentage of Registered Disabled Staff Employed by the Land
Registry over the Past Five Years
|Registered disabled|Per cent.
--------------------------------------------------------------------------------
1990 |286 |2.8
1991 |262 |2.6
1992 |259 |2.6
1993 |241 |2.6
1994 |246 |2.8
Number and Percentage of Registered Disabled Staff Employed by the Public
Record Office over the Past Five Years
|Registered disabled|Per cent.
--------------------------------------------------------------------------------
1990 |Not available
1991 |11 |2.5
1992 |11 |2.6
1993 |9 |2.1
1994 |14 |2.95
Labour Statistics
Mr. McNamara: To ask the Parliamentary Secretary, Lord Chancellor's Department what estimate he has made of the reduction in the number of persons by grade and gender employed by his Department and associated offices and agencies, nationally and regionally over the next three years, as a result of the Chancellor of the Exchequer's Budget statement of 29 November, indicating which branch, agency and region will be affected and stating his estimate of the number of job losses in each year which will be by (a) natural wastage, (b) voluntary redundancy and (c) compulsory redundancy; and what estimate he has made of the yearly total of savings in wages and associated costs as a result of these reductions in each Department, branch and agency.
Mr. John M. Taylor: The information requested is not yet available. The Department's staffing plans for 1995 96, 1996 97 and 1997 98 will be set out in the 1995 departmental report, to be published at the beginning of March 1995.
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The Government's aim has been, and will continue to be, that reductions in the size of the civil service should as far as possible be achieved without redundancies.Secure Hospital Accommodation
Mr. John Morris: To ask the Parliamentary Secretary, Lord Chancellor's Department what representations he has received from judges as to the availability of secure hospital accommodation for mentally affected defendants; and what consultations he has had with the Secretary of State for Health and the Home Secretary about such accommodation.
Mr. John M. Taylor: My Department has not received any representations from judges on the availability of such accommodation, nor has there been discussion with the Secretary of State for Health or the Home Secretary on this subject. The provision of these services is a matter for my right hon. Friend the Secretary of State for Health and health authorities exercise the function on her behalf.
Custody Waiting Times
Mr. Straw: To ask the Parliamentary Secretary, Lord Chancellor's Department what was the number and percentage of defendants dealt with within the custody waiting time limits set by his Department in each year since these waiting limits were set.
Mr. John M. Taylor: Information about the statutory custody time limits is not collected in the form requested for either the magistrates or Crown court. So far as the Crown court is concerned, of the 19,738 defendants remanded in custody who were committed for trial and dealt with during the first 10 months of 1994, 74 per cent. of them--around 14,670 defendants--waited less than 16 weeks. It is not possible to provide an accurate comparable figure for earlier periods.
Sentencing
Mr. Redmond: To ask the Parliamentary Secretary, Lord Chancellor's Department what actions he is taking to ensure judges understand their responsibilities on
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sentencing under the Criminal Justice and Public Order Act 1994.Mr. John M. Taylor: Judges receive copies of statutes and statutory instruments and keep themselves up to date on new and amended legislation. During seminars, and through its bulletin, the Judicial Studies Board draws the attention of judges to relevant sentencing information.
LORD PRESIDENT OF THE COUNCIL
Disabled People
Mr. McNamara: To ask the Lord President of the Council (1) what is the number and percentage of disabled people employed by his Department and associated agencies over the past five years; and what are the projected figures for the next five years;
(2) what is the budget allocated by his Department and associated agencies for each of the next five years for, and how many staff or staff hours equivalent have been allocated to achieve the objectives of, the programme for action to achieve equality of opportunity in the civil service for disabled people.
Mr. Newton: The Privy Council Office, which has no associated agencies, consists of 38 staff, many of whom are on loan from other Departments. No registered disabled people are currently employed, or have been employed during the last five years, and there are no projected figures. The size and nature of the Department make it inappropriate to seek to allocate resources specifically to the programme in question.
Labour Statistics
Mr. McNamara: To ask the Lord President of the Council what estimate he has made of the reduction in the number of persons by grade and gender employed by his Department and associated offices and agencies, nationally and regionally over the next three years, as a result of the Chancellor of the Exchequer's Budget statement of 29 November, indicating which branch, agency and region will be affected and stating his estimate of the number of job losses in each year which will by (a) natural wastage, (b) voluntary redundancy and (c) compulsory redundancy; and what estimate he has made of the yearly total savings in wages and associated costs as a result of these reductions in each Department, branch and agency.
Mr. Newton: The information requested is not yet available. The Department's staffing plans for 1995 96, 1996 97 and 1997 98 will be set out in the 1995 departmental report, to be published in late February or early March 1995.
The Government's aim has been, and will continue to be, that reductions in the size of the civil service should as far as possible be achieved without redundancies.
ENVIRONMENT
Dogs (Byelaws)
Mr. Cohen: To ask the Secretary of State for the Environment when he expects to approve new byelaws to hold owners more accountable for their pets in respect of
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dog faeces on streets and public footways; and if he will make a statement.Mr. Atkins: I refer the hon. Member to my reply to the hon. Member for Ceridigion and Pembroke North (Mr. Dafis) on 30 November 1994, Official Report, column 731 .
Radioactive Substances Act 1960
Mr. Llew Smith: To ask the Secretary of State for the Environment what duty of care requirements there are on the operator of a disposal site for low-level radioactive waste under the Radioactive Substances Act 1960, as amended.
Mr. Atkins: The disposal of low-level radioactive waste to such sites is regulated by means of authorisations granted under the Radioactive Substances Act 1993. Each authorisation sets out the limits and conditions required for safe disposal at a specified site, and places a legal duty on the person authorised to ensure that disposal takes place in accordance with the limits and conditions of the authorisation.
Standard Spending Assessments
Mr. Barry Field: To ask the Secretary of State for the Environment when he expects to announce the standard spending assessments for 1994 95.
Mr. Robert B. Jones: On Thursday 1 December at columns 1333-37 my right hon. Friend the Secretary of State made a statement on the local government finance settlement for 1995 96, including proposals for standard spending assessments.
Ministerial Speeches
Mr. Campbell-Savours: To ask the Secretary of State for the Environment on what occasions since 1979 civil servants in his Department have been asked to draft speeches of a constituency nature for use in a Minister's own constituency.
Mr. Gummer: None. Civil Servants may provide briefing of a factual nature for Ministers on matters relating to their own Departments. In addition, Ministers in preparing for a constituency speech can draw on material produced by their Department during the normal course of business.
Disabled People
Mr. McNamara: To ask the Secretary of State for the Environment what is the budget allocated by his Department and associated agencies for each of the next five years for, and how many staff or staff hours equivalent have been allocated to achieve the objectives of, the programme for action to achieve equality of opportunity in the civil service for disabled people.
Mr. Robert B. Jones: Expenditure in support of this programme includes elements for staff consultation, publicity, training and modifications of buildings and accommodation which cannot be disaggregated. There is, however, a specific annual budget--£21,500 this year--for the provision and maintenance of technical aids for disabled staff.
It is estimated that staff resources to initiate the programme will be the equivalent of 1.2 dedicated staff; its implementation, however, will also require the
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commitment of personnel managers, trainers, line managers and other staff throughout the Department.Mr. McNamara: To ask the Secretary of State for the Environment what is the number and percentage of disabled people employed by his Department and
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associated agencies over the past five years; and what are the projected figures for the next five years.Mr. Robert B Jones: The following information covers non-industrial staff in my Department and agencies, excluding Property Services Agency:
Year |Registered Disabled|Non-Registered |Combined percentage
|Staff |Disabled Staff<1> |of Total Staff
----------------------------------------------------------------------------------------------------
1990 |68 |86 |2.5
1991 |73 |58 |2.5
1992 |64 |34 |1.5
1993 |64 |34 |1.5
1994 |70 |68 |2.0
<1> voluntary responses to staff surveys have revealed a mixture of registered and non-registered
disabled staff.
Future figures are not projected.
Mr. Hinchliffe: To ask the Secretary of State for the Environment how many local authorities are unable to fund disabled facilities grants in the current financial year.
Local Government Commission
Mr. Tipping: To ask the Secretary of State for the Environment whether it is his policy to implement any recommendations from the Local Government Commission which will add to the administrative costs of local government in the areas concerned.
Mr. Robert B. Jones: My right hon. Friend takes his decisions on local government reorganisation in the light of reports from the Local Government Commission. The policy guidance to the commission requires it to judge financial consequences, among other factors, but does not rule out options which would be marginally more expensive than the status quo if the extra cost would be outweighed by other considerations. The actual costs or savings achieved will depend on decisions taken by the authorities concerned.
Mr. Tipping: To ask the Secretary of State for the Environment what estimate he has received from the local government commissioner of the transitional and on-going costs for savings arising from its recommendations that new unitary authorities should be established in Bedfordshire, Buckinghamshire and Hampshire.
Mr. Curry: The information requested is contained in the local government financial appraisal reports for Bedfordshire, Buckinghamshire and Hampshire published separately in October 1994 by the Local Government Commission for England. The information, which relates to indirect costs, is as follows: