| Previous Section | Index | Home Page |
Meat Exports and Imports
Miss McIntosh: To ask the Secretary of State for Scotland what recent talks he has held with European Commission officials regarding meat exports and imports. [97928]
LORD CHANCELLOR'S DEPARTMENT
Community Charge Non-payment
Mr. Nigel Jones: To ask the Parliamentary Secretary, Lord Chancellor's Department how many people were refused legal aid in cases of non-payment of community charge. [97721]
Mr. Lock: Since 1 January 1999, the Legal Aid Board has refused 47 applications for Assistance By Way Of Representation (ABWOR) in respect of fine defaulters on the basis that they failed to meet the legal merits test. A total of 126 applications have been granted during the same period. It is not possible to break down how many of these refusals related to community charge (Council tax) cases as the information is not recorded at that level of detail.
Under the Legal Aid Act 1988, civil legal aid is not available for representation in the magistrates court for non-payment of community charge (now Council tax since 1993). Where a debtor appears before a magistrates court for failing to pay Council tax or to obey an order of the court and is at risk of imprisonment, legal representation may be provided by the court duty solicitor under paragraph 50(2)(b) of the Legal Aid Board's Duty Solicitor Arrangements 1997.
In complex cases, where advance preparation may be required, a solicitor may apply for an adjournment in order to apply to the Legal Aid Board for ABWOR under Regulation 7(4) Legal Advice and Assistance (Scope) (Amendment) Regulations 1997.
Mr. Nigel Jones:
To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the implications of the ruling by the European Court of Human Rights in the case of Mr. Kevin Perks and seven other community charge protesters that their rights had been violated by refusal to grant them legal aid. [97719]
Jane Kennedy:
The decision of the European Court of Human Rights in the case of Perks and Others v. The United Kingdom is consistent with the leading case of
10 Nov 1999 : Column: 628
Benham v. UK. Since that case, and since the events which gave rise to the application made by Mr. Kevin Perks and others, the law has been changed so that legal aid is now available as required by Article 6 of the European Convention on Human Rights. The Government have noted that none of the eight applicants succeeded in their claim that Article 5 of the Convention had been breached and that only one of the applicants was awarded damages for the breach of Article 6. The Government considers that the judgment of the Court of Human Rights provides useful confirmation and clarification in relation to these issues.
Mr. Nigel Jones:
To ask the Parliamentary Secretary, Lord Chancellor's Department if it is the Government's intention to appeal against the ruling by the European Court of Human Rights in the case of Mr. Kevin Perks and seven other community charge protesters. [97720]
Jane Kennedy:
It is not possible to appeal against the ruling of the European Court of Human Rights in this case.
Mr. Don Foster:
To ask the Parliamentary Secretary, Lord Chancellor's Department how much the Lord Chancellor's Department spent on external consultants and advisers in each of the last four financial years. [97419]
| LCD | Agencies | Total | |
|---|---|---|---|
| 1995-96 | 1,295,260 | 419,000 | 1,714,260 |
| 1996-97 | 452,948 | 1,741,793 | 2,194,741 |
| 1997-98 | 377,522 | 2,276,779 | 2,654,301 |
| 1998-99 | 827,891 | 3,065,635 | 3,893,526 |
Crown Court Trials
Maria Eagle: To ask the Parliamentary Secretary, Lord Chancellor's Department what percentage of defendants who elect at committal for a Crown court trial (a) in the Liverpool magistrates court and (b) in England and Wales subsequently plead guilty. [97887]
Mr. Charles Clarke: I have been asked to reply.
Although statistics on pleas in the Crown court are collected centrally, these do not record whether the defendant elected trial or was directed by magistrates. In England and Wales, the Crown Prosecution Service statistics for 1998 show that 18,500 defendants elected trial in 1998 in addition to 47,185 either-way cases directed to the Crown court by magistrates. During the same period, 76 per cent. of all defendants in either-way cases pleaded guilty before the commencement of the Crown court trial.
10 Nov 1999 : Column: 629
Small Business
Gillian Merron: To ask the Secretary of State for Trade and Industry if he will make a statement about the new measures he is planning to introduce to support the growth of smaller businesses in selected areas, as announced in the White Paper, "Building the Knowledge-Driven Economy". [98159]
Mr. Byers: I intend to allocate £45 million over three years for a new Enterprise Grant scheme for SMEs. This will complement the new assistance being made available in this sector for venture capital under the Enterprise Fund.
Support will be targeted at growth SMEs in tiers 1, 2 and 3 of the proposed new Assisted Areas map currently under discussion with the European Commission and due to come in to effect on 1 January 2000. It will provide SMEs with the opportunity of a selective grant of up to 15 per cent. of fixed capital investment on projects of up to £500,000, with a ceiling of £75,000 on the maximum assistance. The scheme will replace grants at this level currently available under Regional Selective Assistance in the English regions. The priorities for support will reflect RDA economic strategies for the region.
The scheme is subject to approval from the European Commission.
Mr. Baker:
To ask the Secretary of State for Trade and Industry what guidance he has given to the Office of Fair Trading to ensure that the interests of the consumer are reflected in its operating policy. [97500]
Dr. Howells
[holding answer 9 November 1999]: The Director General of Fair Trading is independent of Government. His functions are defined by various statutes, notably the Fair Trading Act 1973.
As part of his response to the White Paper "Modern Markets: Confident Consumers", he is carrying out a fundamental review of his consumer affairs functions. The review will cover his objectives, his powers and liaison and co-ordination with other government departments and enforcement agencies. The Director General expects to complete his review early next year, and I look forward to seeing his conclusions.
Mr. Baker:
To ask the Secretary of State for Trade and Industry what steps he is taking to ensure that the interests of consumers are addressed within Government. [97506]
Dr. Howells
[holding answer 9 November 1999]: Our White Paper "Modern Markets: Confident Consumers" (Cm 4410) sets out a comprehensive strategy to ensure that the needs of consumers are addressed by Government. We are committed to strengthening the institutional framework for consumer protection. We are also developing new mechanisms to ensure that consumer interests are properly
10 Nov 1999 : Column: 630
represented in policy-making, including a new advisory committee, which I shall chair.
Mr. Baker:
To ask the Secretary of State for Trade and Industry if he will make it his policy to ensure that all Government decisions are subject to a consumer impact assessment. [97507]
Dr. Howells
[holding answer 9 November 1999]: The current system of regulatory impact assessments already requires an assessment of the benefits of proposals to consumers, as well as the regulatory costs to businesses and enforcement agencies. I see no need for a new and separate consumer impact assessment.
Mr. Baker:
To ask the Secretary of State for Trade and Industry what plans he has to review (a) the Consumer Credit Act 1974 and (b) the Estate Agents Act 1979. [97503]
Dr. Howells
[holding answer 9 November 1999]: Last July I announced in the Government's White Paper "Modern Markets: Confident Consumers", my plans to review the effectiveness of the extortionate credit bargain and consumer credit licensing provisions of the Consumer Credit Act 1974. These reviews are now under way. I also invited consumer and business groups to send me their views on how the Act can be improved and I will consider carefully any responses I receive.
The Director General of Fair Trading has a duty to keep under review the working and enforcement of the Estate Agents Act 1979.
Mr. Baker:
To ask the Secretary of State for Trade and Industry what assessment he has made of the effect of differences in financial commitment by local authorities on the application of trading standards rules. [97499]
Dr. Howells
[holding answer 9 November 1999]: The Consumer White Paper (Chapter 7) recognises that some trading standards services, particularly in small authorities, face budgetary pressures, and reviews the consequences, including inconsistent enforcement of trading rules. The White Paper contains a number of proposals for addressing this issue.
| Next Section | Index | Home Page |