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23 Jun 2003 : Column 632W—continued
Social Enterprise Sector
Mr. Dismore: To ask the Secretary of State for Work and Pensions what steps he is taking to encourage (a) his Department, (b) other Government Departments and (c) local government to increase their purchasing from the social enterprise sector. [119163]
Maria Eagle: The Department encourages bids from social enterprises and social firms, especially in the area of the provision of services to help those disadvantaged in the labour market into work.
Social firms have been particularly successful in the delivery of Workstep services to people with disabilities. In arranging these contracts we have worked closely with a number of local authorities.
Promotion of social enterprises is a DTI initiative.
Tax Credit Helplines
Mr. Peter Duncan: To ask the Secretary of State for Work and Pensions how many employees of the Pensions Service are on secondment to the helplines for working tax credit and child tax credit. [119348]
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Malcolm Wicks: The Pension Service has not loaned any of its staff to the helplines for working tax credit and child tax credit.
CONSTITUTIONAL AFFAIRS
Child Access
Mr. Ruffley: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs, if he will publish the response to the proposal of Fathers 4 Justice that in proceedings relating to child access a mother who refuses to comply with a court ruling should be subject to a community service order; and if he will make a statement. [120418]
Margaret Hodge: The Children Act Sub-Committee (CASC) of the Lord Chancellor's Advisory Board on Family Law under lord justice Wall published a report last year called "Making Contact Work". The report made a number of recommendations in relation to enforcement of contact orders. This included consideration of the power to impose a community service order when a parent failed to comply with a contact order. As part of the Government's work on responding to the report's proposals, a stakeholder group on facilitation and enforcement of contact was established in June 2002. The group has been considering ways in which parents can be supported to reach workable agreements, how contact might positively be achieved, as well as how enforcement mechanisms can be made more effective. It is anticipated that a full response to the CASC report's recommendations will be published later this summer.
Claims Handling Organisations
Mr. Dismore: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs, if he will make a statement about the consequences for legal services of the collapse of (a) the Accident Group (b) other claims handling organisations. [120007]
Mr. Lammy: The move into administration of the Accident Group (TAG) represents a significant individual business failure but it will not prevent people with genuine claims obtaining access to justice. They can do so either by approaching solicitors firms direct or via other accident intermediaries. The Government believe that the personal injury market is able to absorb the loss of TAG as it did previously after the failure of Claims Direct last year and to pick up the bulk of the business.
Many solicitors have or are forming large marketing networks to pool expertise, raise awareness among consumers and to provide a better service. New intermediaries entering the market are able to do so with better knowledge of how the market works and what lessons need to be learnt from recent business experience. Those who provide funding for intermediaries and after the event insurers are now better placed to ensure adequate due diligence checks are carried out on new business models and existing operations are thoroughly audited.
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We are keeping the personal injury market under review. Claims management companies can provide an efficient and affordable means of handling claims for compensation and help provide access to justice for people with genuine claims. We are working with a range of organisations including the Law Society, the Association of Personal Injury Lawyers, the General Insurance Council, consumer groups and other organisations including claims management companies to encourage improved standards including voluntary codes. There are already a number of industry initiatives at various stages of development, demonstrating the clear desire on the part of most intermediaries to bring about a step change in behaviours.
European Parliament (Elections)
Mr. Cash: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs whether the 2004 European Parliamentary elections will continue to be counted at a constituency level, before being aggregated regionally; and if she will make a statement. [119766]
Mr. Leslie: As announced on 6 May 2003, and subject to parliamentary approval, we intend to use the powers currently being sought in the Local Government Bill to move the date of the English local elections in 2004 to 10 June—the same day as the European Parliamentary elections. For this reason, and following informal consultations with the Electoral Commission, electoral administrators and the political parties, we have concluded that the sub-administrative unit for conducting the European Parliamentary elections (including the count) in Great Britain in 2004 should be the local authority area rather than the parliamentary constituency.
Mr. Cash: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs what plans the Government has to amend existing election regulations relating to the 2004 European Parliamentary elections; and if she will make a statement. [119767]
Mr. Leslie: We intend in due course to bring forward for parliamentary approval revised regulations for the conduct of the European Parliamentary elections in 2004. These will take account of changes to electoral legislation since the existing regulations took effect, together with recommendations made in the Home Office review of the 1999 elections. We are also considering whether any further changes to the regulations need to be made. The regulations will be published in draft form before they are laid before Parliament.
Fixed Penalties
Janet Anderson: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs what guidelines he has issued to magistrates courts on invoking a fixed penalty where the offender would be liable to lose his driving licence as a result. [118042]
Paul Goggins: I have been asked to reply.
The fixed penalty system allows a driver to discharge, without a court appearance, any liability he may have to
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conviction of certain offences, He does so by paying by the charge specified in a fixed penalty notice issued by a police constable and, for an endorsable offence, by submitting his licence for endorsement with the prescribed number of penalty points. The constable remains able to report for prosecution instead of issuing a fixed penalty notice, if in any particular case he considers that more appropriate, and the driver remains free to opt for prosecution rather than pay the fixed penalty.
The provisions of the system are set out in Part III of the Road Traffic Offenders Act 1988, as amended by the Road Traffic Act 1991. Under section 54(3)(b) of the Act, a police constable can offer a fixed penalty only when he is satisfied that the driver, if prosecuted and convicted, would not be liable to disqualification for exceeding the permitted number of penalty points. Should a fixed penalty notice be mistakenly issued in contravention of section 54(3)(b), section 61 of the Act applies. This provides that when the driver delivers his licence for penalty point endorsement and it appears to the fixed penalty clerk that conviction would involve liability to disqualification, the licence must not be endorsed. Instead, it will be returned to the police with a view to the driver's prosecution.
The courts are involved only where a driver is prosecuted. When cases come to court and there is a conviction, the magistrates will decide the appropriate penalty in each case in accordance with its particular circumstances. Guidelines from the Magistrates Association suggest starting points for sentences, which can be increased or decreased depending on the means of the offender and on any mitigating or aggravating features in individual cases.
Immigration Appeal Tribunal
Keith Vaz: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs, what the backlog at the (a) Immigration Tribunal and (b) Immigration Appeal Tribunal is. [119528]
Mr. Lammy: At the end of May 2003 the Immigration Appellate Authority (IAA) was dealing with 24,065 outstanding Adjudicator appeals, 5,018 outstanding leave to appeal applications and 4,772 outstanding substantive Immigration Appeal Tribunal (IAT) appeals. This covers all asylum and immigration (including visit visas) work. There is no backlog at Adjudicator level, but there are currently listing backlogs at the IAT. Estimates indicate that 1,200 applications and 3,000 appeals may be classified as backlogged.
Judicial Appointments Commission
Mr. Allen: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs, when the Lord Chancellor intends to bring forward proposals for an Independent Judicial Appointments Commission. [119977]
Mr. Leslie: I refer my hon. Friend to the statement I made on 19 June 2003, Official Report, column 19WS.
Mr. Dismore: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs, what plans he has to establish a judicial appointments commission; and if he will make a statement. [120000]
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Mr. Leslie: I refer my hon. Friend to the statement I made on 19 June 2003, Official Report, column 19WS.
Mr. Heald: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs, if he will make a statement on the arrangements for the appointment of (a) Lords of Appeal in Ordinary, (b) Lord Justices of Appeal, (c) High Court judges, (d) circuit judges, (e) district judges, (f) magistrates and (g) recorders as a result of the exercise of the powers of the Lord Chancellor by the Secretary of State for Constitutional Affairs, pending the proposed creation of a judicial appointments commission. [120020]
Mr. Leslie: My hon. and learned Friend the Secretary of State and Lord Chancellor will continue to carry out all the responsibilities of the office of the Lord Chancellor, including in relating to judicial appointments until a new Judicial Appointments Commission is established.
Vera Baird: To ask the Parliamentary Under-Secretary of State for Constitutional Affairs (1) if the Secretary of State will ensure that there is a representative group of non-lawyers on a Judicial Appointments Commission; [120246]
- (2) whether a Judicial Appointments Commission will assume responsibility for the training and continuing education of judges; [120247]
(3) whether the Judicial Appointments Commission will assume responsibility for judicial discipline; [120249]
(4) whether the Judicial Appointments Commission will become responsible for the appointment of (a) lay and (b) professional magistrates; [120251]
(5) what measures the Secretary of State will take to ensure that the judiciary becomes more representative of society. [120245]
Mr. Leslie: I refer the hon. Member for Redcar to the statement I made on 19 June 2003, Official Report, column 19WS. The Government have undertaken to publish a consultation paper on the arrangements for the new Judicial Appointments Commission before the summer recess. Decisions will be taken on the specific role and functions of the Commission and its composition after the consultation exercise has been completed.
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