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Prison Ships

Mr. Jim Cunningham: To ask the Secretary of State for the Home Department how many prison ships are in use; and what plans there are to increase the number. [20960]

Beverley Hughes [holding answer 10 December 2001]: The prison service currently operates one prison ship, Weare, which is berthed in Portland Harbour and has been operating successfully as a medium security training establishment since 1997 accommodating 400 men over the age of 25 serving the last nine months of their sentence. There are currently no plans to increase the number of prison ships. However, the prison service is always prepared to consider a wide range of options for safely accommodating the prisoner population when it is rising including the use of floating facilities, but would prefer to give primary consideration to other alternatives which provide better long term accommodation.

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LORD CHANCELLOR'S DEPARTMENT

Freedom of Information

Simon Hughes: To ask the Parliamentary Secretary, Lord Chancellor's Department when members of the public will have rights to access information held by public authorities as set out in the Freedom of Information Act 2000; and if he will make a statement. [21643]

Mr. Wills: January 2005.

Judges' Lodgings

Mr. Stinchcombe: To ask the Parliamentary Secretary, Lord Chancellor's Department, pursuant to his answer of 29 November 2001, Official Report, columns 1135–36W, on judges' accommodation, what (a) sporting, (b) recreational and (c) leisure facilities are provided in each of the judges' lodgings listed. [21604]

Mr. Wills: The only sporting, recreational and leisure facilities provided at lodgings are as follows:

Birmingham—Snooker room


Leeds—Snooker room


Nottingham—Snooker room


Plawsworth—Tennis court.

Mr. Stinchcombe: To ask the Parliamentary Secretary, Lord Chancellor's Department, pursuant to his answer of 29 November 2001, Official Report, columns 1135–36W, on judges accommodation, what assessment has been made of the scope that exists for savings to be obtained by his Department if it accommodates judges on circuit other than in the judges' lodgings listed. [21603]

Mr. Wills: As part of the Triennial Review of Judges Lodgings, a notional comparison was made of the value for money provided by lodgings with alternative forms of accommodation providing appropriate standards of security, privacy and comfort. The review concluded that, taking account of the security requirements and extra environmental benefits offered by lodgings, they continue to provide the best balance between meeting the needs of the judges on the one hand and obtaining fair value for money on the other.

While the review therefore recommended that there be no change to the overall principle that lodgings continue to be the main method by which accommodation is provided, the Lord Chancellor has now decided that it will be taken forward in the context of relevant recommendations of Lord Justice Auld's report which was published on 8 October.

Mr. Stinchcombe: To ask the Parliamentary Secretary, Lord Chancellor's Department, pursuant to his answer of 29 November 2001, Official Report, columns 1135–36W, on judges' accommodation, if he will list for each of the judges' lodgings in (a) 1997–98, (b) 1998–99, (c) 1999–2000 and (d) 2000–01, (i) the capital value and date of last valuation, (ii) the rent paid, (iii) the number of staff employed, their job titles and whether full or part-time, (iv) the cost incurred on (A) security and (B) non-security staff, (v) the amount spent on refreshments, (vi) the running and maintenance costs, not covered by (ii), (iv) or (v) above, (vii) the number of bedrooms for judges accommodation, (viii) the number of days that judges

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were in residence and (ix) the number of days that one or more of the bedrooms for judges accommodation were empty. [21602]

Mr. Wills: The information requested is contained in the schedules I am placing in the Library, save for the following: the estate was last valued on the 30 June 2000. However data relating to the individual capital values are classified as 'Commercial in Confidence'.

An analysis of the number of staff and their job titles was carried out as part of the Judges Lodgings Review and figures for 1999–2000 are therefore available; to provide a similar analysis for the other years would incur a disproportionate cost. Collation of the information regarding the number of days when bedrooms were empty would also incur a disproportionate cost.

An all-encompassing allowance covers a judge's stay at a lodgings; the amount spent on refreshments is not separated out from this allowance.

Conditional Fee Arrangements

Mr. Bercow: To ask the Parliamentary Secretary, Lord Chancellor's Department if she will make a statement on the savings in 2000–01 resulting from the introduction of conditional fee arrangements. [15037]

Ms Rosie Winterton: Conditional fee arrangements were introduced in 1995 and are now widely used in personal injury cases. Because of the availability of conditional fees, personal injury and some other areas of law were taken out of the scope of civil legal aid in April 2000 when the funding code for the community legal service fund was introduced.

We estimate that net the direct savings to legal aid in 2000–01 from taking most personal injury cases out of scope were £32 million. This is based on a comparison with the previous year. It is not possible to quantify separately savings in 2000–01 resulting from the use of conditional fee arrangements in other types of cases which were taken out of the scope.

The figure of £32 million understates savings to legal aid from the introduction of conditional fees. Expenditure on personal injury cases fell substantially in the years before 2000–01 following the introduction of conditional fees, but our records do not enable us to cost this accurately.

Mental Capacity Legislation

Mr. Kidney: To ask the Parliamentary Secretary, Lord Chancellor's Department if she will publish in draft her proposed legislation on mental capacity. [21414]

Ms Rosie Winterton: The Government are committed to reforming mental incapacity law when parliamentary time allows. If practicable, draft legislation will be published in advance of the Bill's introduction before Parliament.

Crown Leaseholders

Dr. Desmond Turner: To ask the Parliamentary Secretary, Lord Chancellor's Department what effect the Commonhold and Leasehold Reform Bill will have on the rights of Crown leaseholders (a) to enfranchise and (b) to acquire (i) a new and (ii) an extended lease. [22799]

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Mr. Wills: Following a statement made on 2 November 1992 by Sir George Young, the Crown authorities gave an undertaking that the Crown would, as landlord and subject to specified conditions, agree to the enfranchisement or extension of residential long leases under the same qualifications and terms which applied by virtue of the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993 to lessees who hold from other landlords.

It was announced on 3 April 2001, Official Report, columns 175–76W, that the Crown authorities had confirmed that they would apply the undertaking to the provisions of the 1967 Act and the 1993 Act as amended by the Commonhold and Leasehold Reform Bill which was then before Parliament. As was announced by my noble and learned Friend Lord Falconer of Thoroton during the Third Reading of the Commonhold and Leasehold Reform Bill, which is before this Parliament, on 19 November 2001, Official Report, House of Lords, column 927, the Crown authorities have now confirmed that this also applies to those Acts as amended by the current Bill. This undertaking accordingly supersedes the one given on 3 April 2001.

The full terms of the agreement made by the Crown are as follows:

(1) the Crown as landlord will, subject to the conditions described below, agree to the enfranchisement or extension of residential long leases or the grant of new residential long leases, under the same qualifications and terms which will apply by virtue of the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993 to lessees who hold from other landlords;

(2) enfranchisement will be refused where property stands on land which is held inalienably;

(3) enfranchisement will also be refused where certain circumstances, which only apply to the Crown, obtain. These are:

(i) where there are particular security considerations (on the advice of the Royal and Diplomatic Protection Group of the Metropolitan police or other security agencies);

(ii) where properties are in, or intimately connected with, the curtilage of historic Royal Parks and Palaces;

(iii) where properties, or the areas in which they are situated, have a long historic or particular association with the Crown.

(4) the areas referred to in paragraph (3)(iii) include the Off Islands within the Isles of Scilly (St. Agnes, Bryher, St. Martins and Tresco), the Garrison on St. Mary's, the village of Newton St. Loe and parts of central Dartmoor. The properties referred to in that paragraph include Old Land Revenue and reverter properties and grace and favour properties.

(5) where enfranchisement is refused on the grounds set out in paragraphs (2) and (3), but the tenant would otherwise qualify for enfranchisement, lease extension or the grant of a new lease by analogy with the statutes, the Crown will be prepared to negotiate new leases.

(6) the Crown will follow the valuation bases set out in the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993.

(7) the Crown will agree to be bound by arbitration where there is dispute over valuation or other terms, except in cases under paragraphs (2) and (3). The Leasehold Valuation Tribunal will be empowered to act as the arbitration body, and will hear such disputes on voluntary reference.

(8) the Crown will be entitled to apply to the Leasehold Valuation Tribunal for approval of a scheme of estate management in the same way as other landlords.

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