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Written Answers to Questions

Friday 20 November 1992

LORD CHANCELLOR'S DEPARTMENT

Legal Aid

Mr. Jon Owen Jones : To ask the Parliamentary Secretary, Lord Chancellor's Department what figures he has for the number of people receiving legal aid in Wales.

Mr. John M. Taylor : The Legal Aid Board publishes statistics on the number of acts of assistance provided under the legal aid fund in its annual reports. The most recent figures appear on page 84 of the Legal Aid Board's annual report (1991/92). In criminal (Crown court) proceedings the number of defendants represented under the legal aid scheme is given each year in the Department's annual publication "Judicial Statistics". The most recent information is given in table 10.6 on page 95 of the 1991 edition. In neither instance is it possible to distinguish between assisted persons residing in Wales or England.

Mr. Jon Owen Jones : To ask the Parliamentary Secretary, Lord Chancellor's Department what information he maintains on the percentage of people receiving legal aid in Wales who went on to win their court case.

Mr. John M. Taylor : The Legal Aid Board publishes figures on the results reported in legal aid cases in its annual reports. The most recent figures are on page 56 of the Legal Aid Board annual report (1991/92). These figures can be broken down by legal aid area office. Wales, however, is served by two legal aid area offices situated in Cardiff and Chester respectively. The Chester area office also serves parts of north west England and the west midlands and it is not possible to distinguish between assisted persons residing in Wales or England.

Judges

Mr. Redmond : To ask the Parliamentary Secretary, Lord Chancellor's Department what procedures are followed by his Department to monitor the competence of judges ; and under what circumstances the Lord Chancellor would initiate the process required for dismissal of a judge.

Mr. John M. Taylor : The Lord Chancellor attaches the highest importance to the constitutional principle of judicial independence. He has established no procedures for monitoring the competence of the full-time judiciary. Recourse from a judicial decision properly lies through the normal appeal process. Judges, however, exercise their functions, for the most part, in public. The Lord Chancellor considers with great care any complaints made to him about the conduct of a judge. Under the existing legislation governing the tenure of the judiciary, Supreme Court judges hold office during good behaviour, subject only to a power of removal by the Crown on an address presented by both Houses of Parliament ; the Lord Chancellor may if he thinks fit remove a circuit judge from


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office on the grounds of incapacity or misbehaviour. The Lord Chancellor considers each complaint fully on its merits. He will consider the removal of a judge from office only if and when he is satisfied that the relevant statutory criteria have been fully met and that such a course is in the public interest.

Visas

Mr. Gapes : To ask the Parliamentary Secretary, Lord Chancellor's Department why the application for an entry clearance visa by Mr. Umar Iqbal to join his wife Shabnim Sattar in Ilford has been refused ; and why the appeal will not be heard until March 1993.

Mr. John M. Taylor : I understand that the application was refused on the grounds that the ECO was not satisfied that (1) the marriage had not been entered into primarily to obtain admission to the United Kingdom and (2) on the evidence available, adequate arrangements for maintenance and accommodation, as required under the Immigration Rules, was available without recourse to public funds. Umar Iqbal's appeal against this decision was received on 30 December 1990. The first hearing of the appeal was held on 8 July 1991. The case was adjourned for two months to enable the appellant to arrange legal representation. At a second hearing in September the appellant's representative requested an adjournment.

At a hearing on 20 December 1991 the representative requested a further adjournment to obtain additional documentary evidence. The case was heard again on 22 June 1992 but adjourned to enable the Home Office to consider if there were now grounds to grant Mr. Iqbal an entry clearance. The Home Office have since told the appellant's representative that they do not intend to rely on the primary purpose ground for refusal but that maintenance and accommodation remain issues.

The case was listed for 25 March 1993 the next available date at the time but it may be possible to bring the hearing forward if the appellant so requests and an earlier date becomes available.

Mr. Gapes : To ask the Parliamentary Secretary, Lord Chancellor's Department when his Department will reply to the letter from the hon. Member for Ilford, South of 5 October, concerning Shabnim Sattar and her husband Mr. Umar Iqbal.

Mr. John M. Taylor : I replied to the hon. Member on 6 November 1992.

Private Detectives

Mr. Cohen : To ask the Parliamentary Secretary, Lord Chancellor's Department what use his Department has made of private detectives in each of the last five years ; at what cost ; and if he will list the firms involved.

Mr. John M. Taylor : The Lord Chancellor's Department has used a private detective twice during the last five years. The first occasion, in January 1990 was at a cost of £905 ; and the second, in February 1991, was at a cost of £776. The firm involved on both occasions was Sabrewatch Ltd.


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Debtors (Guidelines)

Mr. Gareth Wardell : To ask the Parliamentary Secretary, Lord Chancellor's Department if he will place in the Library a copy of the guidelines that are issued to bailiffs and court officers when dealing with cases where a debtor is an in-patient at a mental illness hospital.

Mr. John M. Taylor : When a bailiff learns that a debtor is a patient at a mental illness hospital he refers the matter to his manager so that guidance can be sought from the district judge as to what action, if any, should be taken. No written guidelines have been issued about either the service of documents or enforcing warrants in such circumstances. The existing procedure for service is set out in order 10 rule 4 of the County Court Rules 1981, which provides that, in the case of a mental patient, documents should be served on the person (if any) who is authorised under part VII of the Mental Health Act 1983 to conduct proceedings on the patient's behalf. If there is no such person authorised, documents should be served on the person with whom the patient resides or in whose care the patient is.

DUCHY OF LANCASTER

Private Detectives

Mr. Cohen : To ask the Chancellor of the Duchy of Lancaster what use his Department has made of private detectives in each of the last five years ; at what cost ; and if he will list the firms involved.

Mr. Jackson : There has been no use of private detective firms by my Department in the last five years.

NORTHERN IRELAND

Community Care Grants

Mr. William Ross : To ask the Secretary of State for Northern Ireland how many applications for (a) community care grants and (b) budgeting loans there have been in Northern Ireland from April 1991 to the latest available date ; and of these how many he has (i) granted and (ii) refused.

Mr. Hanley : Responsibility for the subject in question has been delegated to the Social Security Agency under its chief executive, Mr. Alec Wylie. I have asked him for a reply to be given.

Letter from A. Wylie to Mr. William Ross, dated 18 November 1992 :

As I am now responsible for social security operational matters your recent Parliamentary Question about Social Fund applications for Community Care Grants and Budgeting Loans has been passed to me for reply.

Information about the number of applications for Community Care Grants and Budgeting Loans from April 1991 is available in the Library under Social Fund Data and this is updated on a monthly basis. The details derived from this data are as follows :


From 1 April 1991 to  |Number of           |Number awarded      |Number refused                           

31 October 1992       |applications                                                                       

----------------------------------------------------------------------------------------------------------

Community Care Grants |126,886             |46,201              |80,685                                   

Budgeting Loans       |154,590             |92,086              |62,504                                   

I hope you find this information helpful. A copy of this reply will appear in the Official Report and copies will be placed in the Library.

Holding Centres

Mr. McNamara : To ask the Secretary of State for Northern Ireland if he will now name the independent commissioner for Castlereagh and other holding centres in Northern Ireland, and publish the codes of practice and terms of reference for the commissioner.

Sir Patrick Mayhew : I hope to be in a position soon to announce the appointment of the independent commissioner for the holding centres. The commissioner's terms of reference will be published at the same time.

The draft codes of practice covering the detention, treatment, questioning and identification of those detained under the Prevention of Terrorism Act will be issued for public consultation shortly, with a view to laying them before Parliament as early as possible in the new year.

SOCIAL SECURITY

Benefits Agency

Mr. Hinchliffe : To ask the Secretary of State for Social Security what is the cost, to date, of providing corporate dress within the Benefits Agency (a) nationally and (b) in Wakefield.

Mr. Burt : The provision of corporate dress is a matter for Mr. Michael Bichard, the chief executive of the Benefits Agency. He will write to the hon. Member and a copy will be placed in the Library. Letter from M. Bichard to Mr. David Hinchliffe, dated 19 November 1992 :

As Chief Executive of the Benefits Agency, it is my responsibility to answer questions about relevant operational matters. I am therefore replying to the points raised in your recent Parliamentary Question to the Secretary of State for Social Security about the cost, nationally and in Wakefield, of providing corporate dress within the Benefits Agency.

Corporate clothing, as part of the customer service initiative, enables local Benefits Agency staff to present a better and more professional image to their customers. This clothing is worn, voluntarily, by front-line staff such as receptionists, Social Fund officers and those members of staff running exhibitions and talks for outside bodies.

The corporate dress contract was awarded on 11 December 1991. The national cost of corporate dress ordered to date is almost £1.4 million. I should explain that funding for this clothing comes from office running costs, and not out of the budgets allocated to benefits.

The cost of corporate dress in the Agency's Wakefield District, which comprises offices at Wakefield, Castleford, Hemsworth, Pontefract and a full time caller office at Normanton, is approximately £12,100.

I hope you find this reply helpful. A copy of this reply will appear in the Official Report. Copies are also being placed in the Library.

Mr. Hinchliffe : To ask the Secretary of State for Social Security how many Benefits Agency "Have Your Say" leaflets were (a) published and (b) completed ; and if information from analysis of completed leaflets is included in the national customer survey for 1992.

Mr. Burt : The provision of service to customers is a matter for Mr. Michael Bichard, the chief executive of the


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Benefits Agency. He will write to the hon. Member with such information as is available and a copy will be placed in the Library.

Letter from M. Bichard to Mr. David Hinchliffe, dated 19 November 1992 :

As Chief Executive of the Benefits Agency, it is my responsibility to answer questions about relevant operational matters. I am therefore replying to the points raised in your recent Parliamentary Question to the Secretary of State for Social Security asking how many Benefits Agency "Have Your Say" leaflets were (a) published and (b) completed ; and if information from analysis of completed leaflets is included in the National Customer Survey for 1992. The "Have Your Say" leaflet provides a simple and effective method for customers to set out grievances. There have been two editions of this leaflet. 450,000 of the first edition were printed. The revised version is larger in size and has an altered design. Since April 1992 15,000 have been printed.

Information about the number of "Have Your Say" leaflets completed is not kept centrally and is therefore not available except at disproportionate cost. I should explain that the leaflet is designed to be used locally by customers and to enable Districts to respond to the points made and identify any local trends. As there is no national analysis, no statistics relating to it will be included in the National Customer Survey for 1992.

I hope you find this reply helpful. A copy of this reply will appear in the Official Report. Copies are also being placed in the Library.

Mr. Hinchliffe : To ask the Secretary of State for Social Security what were the production and distribution costs for the 1991-92 Benefits Agency annual report.

Mr. Burt : The 1991-92 Benefits Agency business plan is a matter for Mr. Michael Bichard, the chief executive of the Benefits Agency. He will write to the hon. Member and a copy will be placed in the Library.

Letter from M. Bichard to Mr. David Hinchliffe, dated 19 November 1992 :

As Chief Executive of the Benefits Agency, it is my responsibility to answer questions about relevant operational matters. I am therefore replying to the points raised in your recent Parliamentary Question to the Secretary of State for Social Security concerning the Publication of the Benefits Agency's Annual Report for 1991-92. Ten thousand (10,000) copies of the Annual Report have been produced at a cost of £13,200. So far 3,500 copies have been distributed both within the Department of Social Security and to outside organisations. The cost of external distribution to date is £1,687. All the above costs are exclusive of VAT.

I hope you find this reply helpful. A copy of this reply will appear in the Official Report. Copies are also being placed in the Library.

Disability Allowances

Mr. Hinchliffe : To ask the Secretary of State for Social Security if he will undertake an inquiry into cases of special rules disability living allowance applications where payment was not made within six months of the application.

Mr. Scott : The administration of disability living allowance is a matter for Mr. Michael Bichard, the chief executive of the Benefits Agency. He will write to the hon. Member and a copy will be placed in the Library.

Letter from M. Bichard to Mr. David Hinchliffe, dated 19 November 1992 :

As Chief Executive of the Benefits Agency, it is my responsibility to answer questions about relevant operational


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matters. I am therefore replying to the points raised in your recent Parliamentary Question to the Secretary of State for Social Security asking if an inquiry into cases of Special Rules Disability Living Allowance applications where payment was not made within six months of the application would be undertaken.

I have introduced several measures in the Benefits Agency to deal with the numbers of outstanding claims under normal and special rules and I detailed these in my letter to all MPs on 19 October. The Agency has recently been considering a revision of procedures for processing of Special Rules cases. A number of recommendations have been made which will ensure that processing times are improved and that claims are dealt with consistently. Revised procedures have been written and will be issued shortly. Extended delays will not normally then occur.

I hope you find this reply helpful. A copy of this reply will appear in the Official Report. Copies are also being placed in the Library.

Social Fund

Mr. Cousins : To ask the Secretary of State for Social Security how many applications for loans or grants under the social fund were made in his Newcastle office in the first six months of 1992, compared to the similar period in 1991 ; and what was the percentage of refusals in each case.

Mr. Scott : The administration of the social fund is a matter for Mr. Michael Bichard, the Chief Executive of the Benefits Agency. He will write to the hon. Member and a copy will be placed in the Library.

Letter from M. Bichard to Mr. Jim Cousins, dated 19 November 1992 :

As Chief Executive of the Benefits Agency, it is my responsibility to answer questions about relevant operational matters. I am therefore replying to the points raised in your recent Parliamentary Question to the Secretary of State for Social Security about Social Fund applications and refusals in Newcastle.

In the first six months of the financial year 1991-92, 9,704 applications for Social Fund loans were made at Newcastle District, of which 36 per cent. were refused. Of the 4,926 community care grant (CCG) applications made in the same period, 75 per cent. were refused. In the first six months of 1992-93, 37 per cent. of the 11, 686 loan applications made at Newcastle District were refused as were 75 per cent. of the 5,912 CCG applications.

I should explain that most CCG refusals are because the basic eligibility conditions are not satisfied. Nationally, in the year 1991-92, 86 per cent. of CCG refusals were because the basic eligibility criteria, such as receipt of Income Support, were not satisfied. The number of CCG and loan awards in Newcastle District made since April 1992 is over 25 per cent. higher than for the same period last year.

I hope you find this reply helpful. A copy of this reply will appear in the Official Report. Copies are also being placed in the Library.

European Court

Dr. Godman : To ask the Secretary of State for Social Security, pursuant to his answer of 16 November, Official Report, column 77, if he will provide more information regarding the case currently before the European Court of Justice referred to in the answer ; and if he will make a statement.

Mr. Burt : Details of the case (C-328/91) are in the Official Journal of the European Communities, dated 11 February 1992, a copy of which is in the Library.


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AGRICULTURE, FISHERIES AND FOOD

Salmon Stocks

Mr. Onslow : To ask the Minister of Agriculture, Fisheries and Food if he will now invite his advisory committee on salmon stocks to discuss with the National Rivers Authority how best to monitor the impact of the north east drift net fishery on salmon stocks under the proposed new Net Limitation Order.

Mr. Curry : We have no plans to ask the salmon advisory committee to do this. The National Rivers Autority is responsible for the management and monitoring of the drift net fisheries off the north east coast of England.

EMPLOYMENT

Discrimination

Mr. Robert Ainsworth : To ask the Secretary of State for Employment if she will make a statement on Government policy in relation to employers discriminating on the ground of age.

Mr. McLoughlin : I refer the hon. Gentleman to the reply that I gave him on 19 November 1992.

Industrial Tribunals

Mr. Janner : To ask the Secretary of State for Employment whether she will arrange for public telephone facilities to be made available at the premises of industrial tribunals.

Mr. McLoughlin : Public telephones are provided in the majority of industrial tribunal offices. Where they are not, the tribunal staff arrange access to an official telephone for parties, their representatives or witnesses if they need this in connection with the tribunal hearing. The central offices of the industrial tribunals in England and Wales and Scotland have been asked to review the arrangements with a view to ensuring that the public have access to a telephone.

Wages Inspections

Mr. Peter Bottomley : To ask the Secretary of State for Employment, pursuant to her answer to the hon. Member for Eltham of 13 November, Official Report, column 984, on rates of low payment found by wages inspectors, if she will list the levels of low payment for which prosecutions have taken place, or are in progress, for 1991-92.

Mr. McLoughlin : In 1991 there were 14 prosecutions for failing to pay at least the statutory minimum rate. The hourly rates of payment discovered in these cases are as follows :

£1.25 ; £1.50 ; £1.50 ; £1.63 ; £1.85 ; £1.875 ; £2.01 ; £2.18 ; £2.33 ; £2.33 ; £2.48 ; £2.48 ; £2.48 ; £2.50.

In 1992 there have been 10 prosecutions to date for failing to pay at least the statutory minimum rate. The hourly rates of payment discovered in these cases are as follows :

£1.70 ; £1.87 ; £2.00 ; £2.00 ; £2.00 ; £2.30 ; £2.60 ; £2.64 ; £2.68 ; £2.70.

There are three cases currently in progress, that have yet to come to court. The hourly rates of payment in these cases are as follows :


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£1.60 ; £1.70 ; £2.03.

Mrs. Dunwoody : To ask the Secretary of State for Employment how many wages inspectors there were in (a) 1979 and (b) 1990.

Mr. McLoughlin : The average number of wages inspectors in post was as follows :

1979--158 inspectors

1990-- 66 inspectors

Mrs. Dunwoody : To ask the Secretary of State for Employment what percentage of firms covered by the wages councils received a visit from the wages inspectors in 1990-91.

Mr. McLoughlin : In 1990-91, 4.4 per cent. of establishments covered by wages councils were visited by wages inspectors.

Equal Opportunities

Mrs. Dunwoody : To ask the Secretary of State for Employment if she will make a statement on the recommendations made by the Equal Opportunities Commission to strengthen the equal pay and sex discrimination Acts.

Mr. McLoughlin : The Equal Opportunities Commission's recommendations for changes to the sex discrimination and equal pay legislation are receiving careful consideration by the Department.

Head Protection Regulations

Mr. Duncan : To ask the Secretary of State for Employment if she will grant exemption from the compulsory wearing of head protection on the lines of the Construction (Head Protection) Regulations 1989, to turban- wearing Sikhs in the non-construction industries to be covered by proposed legislation discussed in the consultative document CD38 issued by the Health and Safety Commission.

Mr. McLoughlin : My right hon. Friend the Secretary of State has no plans to arrange for a general exemption for turban-wearing followers of the Sikh religion from the requirement to wear head protection in the proposed regulations to implement the European directive on the Use of Personal Protective Equipment at Work.

EDUCATION

Assisted Places

Mr. Pawsey : To ask the Secretary of State for Education what action he intends to take further to promote the assisted places scheme.

Mr. Forth : The scheme is receiving wide publicity in the parents charter, copies of which have been made available to all parents. The publication from next year of tables showing the comparative performance of all local schools, including independent schools, will also bring to the attention of parents everywhere the excellent results achieved by assisted places schools, among others. The Department also distributes 175,000 leaflets a year explaining the benefits of the scheme to parents. Schools offering assisted places are best placed to promote the


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scheme in their area and they are continuing to do so with excellent results. Take-up of new assisted places is at record levels and the scheme is now more popular than ever with parents.

Appointments (Women)

Ms. Mowlam : To ask the Secretary of State for Education how many women would need to be appointed to meet his Department's plans to have 50 per cent. of appointments to bodies concerned with school matters and 30 per cent. of those to non-school bodies to be women by 1996.

Mr. Forman : It is difficult to give accurate figures since overall total membership of our public bodies is subject to change. Assuming that the overall membership of the Department's public bodies remains until 1996 at the level indicated in the document "Public Appointments and Equal Opportunities" recently released through the Cabinet Office, we shall have to appoint 23 more women to bodies concerned with school matters and 25 more women to non-school bodies in order to achieve our published goals.

Ms. Mowlam : To ask the Secretary of State for Education if he will list his Department's bodies concerned with school matters and non-school bodies ; and if he will list the number of women, and the total number of members, appointed to each body.

Mr. Forman : The details requested are as follows :


Public Bodies concerned with school matters                                         

Name of body                        |Number of women|Total number of                

                                                    |members                        

------------------------------------------------------------------------------------

Central Bureau for Educational                                                      

  Visits and Exchanges              |4              |16                             

Centre for Information on Language                                                  

Teaching                            |4              |12                             

Council for the Accreditation of                                                    

  Teacher Education                 |4              |16                             

Education Assets Board              |2              |11                             

National Council for Education                                                      

  Technology                        |8              |19                             

National Curriculum Council         |5              |14                             

National Youth Agency               |4              |7                              

School Examinations and                                                             

  Assessment Council                |4              |14                             

Teaching as a Career Board          |1              |9                              

Business and Technology Education                                                   

  Council                           |3              |15                             

Council for National Academic                                                       

  Awards                            |3              |27                             

Further Education Funding Council                                                   

  (England)                         |4              |14                             

Further Education Unit Board of                                                     

  Management                        |2              |9                              

Fulbright Commission                |1              |6                              

Higher Education Funding Council                                                    

  for England                       |2              |13                             

Polytechnics and Colleges Funding                                                   

  Council                           |2              |15                             

University Commissioners            |0              |5                              

Universities Funding Council        |3              |14                             

Visiting Committee of the Cranfield                                                 

  Institute of Technology           |0              |7                              

Visiting Committee of the Royal                                                     

  College of Art                    |1              |8                              

Lunchtime Supervisors

Mr. Steinberg : To ask the Secretary of State for Education if he will list the number of lunchtime supervisors employed by each local education authority for 1980, 1985 and 1990.

Mr. Forth : The information requested is not available centrally.

Pupils (Exclusions)

Mr. Steinberg : To ask the Secretary of State for Education what plans he has to ensure that (a) proper records are kept on exclusions of pupils from schools and (b) reliable data are available on an annual basis for both indefinite and permanent exclusion of pupils from schools.

Mr. Forth : The Department has been collecting information on permanent exclusions from LEA and grant-maintained schools over a two-year period starting with the summer term 1990 under the national exclusions reporting system (NERS). The purpose of NERS is to provide a basis on which to review the working of the existing statutory procedures on exclusions. The information received is currently being analysed. The need for any further monitoring will be considered in the context of the overall review.


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