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LORD CHANCELLOR'S DEPARTMENT

Magistrates Courts

33. Mr. Prior: To ask the Parliamentary Secretary, Lord Chancellor's Department what estimate she has made of the effects of the European convention on human rights on the operation of magistrates courts in England and Wales. [150769]

Jane Kennedy: My Department will shortly publish an update on the early impact of the European Convention on Human Rights on all courts and tribunals for which the Department is responsible.

Data provided by the magistrates courts in the period October to December 2000 show that there has been no significant impact so far on the operation of the magistrates courts as a result of the ECHR.

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36. Mr. Shepherd: To ask the Parliamentary Secretary, Lord Chancellor's Department if she will make a statement on protecting local magistrates courts from closure. [150772]

Jane Kennedy: It is the Government's policy that decisions on the number and location of magistrates courts is best made by the local Magistrates Courts Committee.

38. Mr. Bercow: To ask the Parliamentary Secretary, Lord Chancellor's Department what recent assessment she has made of the compatibility of the operation of magistrates courts in England and Wales with the provisions of the European convention on human rights. [150774]

Jane Kennedy: The responsibility for ensuring that magistrates courts meet the requirements of the Convention lies with the Magistrates Courts Committees in consultation with local paying authorities. The Lord Chancellor's Department has encouraged the Magistrates Courts Committees to review their courts in the light of the Convention.

Data provided by the magistrates courts in the period October to December 2000 show that there has been no significant impact so far on the operation of the magistrates courts as a result of the ECHR.

Sentencing Standards

34. Mr. Simon Hughes: To ask the Parliamentary Secretary, Lord Chancellor's Department what steps he is taking to ensure (a) consistency of sentencing standards and (b) full information about evaluation of possible disposals of judges and magistrates. [150770]

Mr. Lock: On the assumption that the hon. Member's question relates to disposals of cases by judges and magistrates I refer him to the oral answer given to the hon. Member for Carshalton and Wallington (Mr. Brake) on 30 January 2001, Official Report, columns 164-65.

Bail

37. Mr. Gordon Marsden: To ask the Parliamentary Secretary, Lord Chancellor's Department what guidance is given to judges on granting bail in cases where the defendant is accused of murder. [150773]

Jane Kennedy: Bail in all criminal proceedings is governed by the provisions of the Bail Act 1976. A defendant accused of any offence punishable with imprisonment need not be granted bail if the court is satisfied that one or more factors set out in paragraph 2 of Schedule 1 to the Bail Act apply in his case. A person charged with murder who has a previous conviction for murder, manslaughter or rape may only be granted bail if the court is satisfied that there are exceptional circumstances which justify it (section 25 of the Criminal Justice and Public Order Act 1994).

Solicitors

39. Mr. David Heath: To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the contractual arrangements for criminal defence solicitors. [150775]

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Mr. Lock: The Criminal Defence Service (CDS) will be implemented on 2 April 2001, when the provisions of the Legal Aid Act 1988, which provide for the current system of criminal legal aid, will be repealed.

Within the CDS, the primary mechanism for providing services to those being investigated for, or charged with, a criminal offence will be through private practice lawyers operating under contract to the Legal Services Commission.

A draft contract for consultation was published at the end of August 2000, and a revised contract, significantly amended following detailed discussions with the Law Society, at the end of December.

The Commission has invited firms to sign contracts, and signed contracts are now being returned to it.

From 2 April, only solicitors' firms with a contract will be able to undertake criminal defence work funded by the Commission.

County Courts

40. Mr. Brady: To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the closure of county courts. [150776]

Mr. Lock: I refer the hon. Member to the written answer I gave him on 30 January 2001, Official Report, column 154W, to his previous question on this subject. Responses to the consultation paper "Modernising the Civil Courts", which I mentioned in that answer, should be returned to the Court Service Agency by 21 April 2001.

Lay Magistracy

41. Sir Sydney Chapman: To ask the Parliamentary Secretary, Lord Chancellor's Department if she will make a statement on her plans to reform the lay magistracy. [150777]

Jane Kennedy: The report by Rod Morgan and Neil Russell, "The Judiciary in the Magistrates' Courts", published on 14 December, concluded that to abolish or greatly diminish the role of the lay magistracy would not be widely understood or supported in the country, and the Government agree with that view.

Lord Justice Auld is currently conducting his independent review of the criminal courts. It would be premature to comment on that until he submits his report.

Departmental Policies (Warrington, North)

Helen Jones: To ask the Parliamentary Secretary, Lord Chancellor's Department, if she will set out, with statistical information relating as directly as possible to the Warrington, North constituency, the effects on Warrington, North of her Department's policies and actions since 2 May 1997. [152320]

Jane Kennedy: The Lord Chancellor's Department is responsible for the administration of the courts and for legal services. We have taken steps to improve the management and effectiveness of the services we provide and to meet customer needs, including working closely with other agencies to provide a fair, swift and effective

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system of justice, improve the availability of affordable and good quality legal services and to improve the lives of children and help build and sustain strong families.

In particular, the Warrington, North constituency is covered by the Warrington Community Legal Service Partnership (CLSP). This has recently formed its Executive and met initially on 8 February 2001. There are currently 165 CLSPs throughout England and Wales.

Across Warrington Borough Council, 15 agencies (13 solicitors, one Law Centre and one District CAB) have been awarded contracts with the Community Legal Services (CLS). The suppliers are located mainly in the centre of Warrington and this includes Warrington, North wards. The total 12-month value of contracts awarded amounts to over £249,000, and these cover categories including primarily family, but also debt, housing and welfare benefits.

Legal Services Commission

Mr. Barry Jones: To ask the Parliamentary Secretary, Lord Chancellor's Department what decisions have been made on the changes proposed to the financial conditions for funding civil and family cases by the Legal Services Commission. [152740]

Mr. Lock: We have today published a report giving details of the Government's conclusions following consultation on these proposals. The introduction of these changes to the financial eligibility tests for funding in civil cases will move towards alignment of the eligibility limits for all levels of publicly funded legal services, provide simplified means testing arrangements for both applicants and suppliers and ensure a fair balance between publicly and privately funded litigants.

We are raising the income and capital threshold for legal help so that an estimated 5 million more people can get the advice and assistance on everyday problems that they need. We will not be introducing contributions for legal help so all eligible clients will be able to receive legal advice entirely free of charge.

We have listened carefully to the responses and we will not be introducing capital contributions from equity at the present time. We believe the implementation of these proposals might deter low-income homeowners from seeking legal advice.

We will fully equalise the income eligibility limit for legal help with legal representation as soon as it is financially prudent to do so. This will bring a further 2 million people into the scope of the Community Legal Service Fund.

The cost of these changes is £30 million over three years. We have been able to spend this money on increasing eligibility because of the success of our legal aid reforms in controlling and refocusing expenditure on priorities.

We undertook to consult on the new eligibility limits for all levels of service once they were available and a consultation paper has been published today. Consultation will run until 1 May 2001. These changes will be implemented on 1 October 2001.

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