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29 Oct 2003 : Column 305W—continued
CONSTITUTIONAL AFFAIRS
Judges (Appeals)
Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what action the Secretary of State takes against judges who are successfully appealed against in relation to (a) sentence and (b) conviction significantly more often than the norm. [134113]
Mr. Leslie: Judges are accountable for their judicial decisions via the appeal system. A successful appeal to a higher court does not of itself provide a basis for criticism of a trial judge. Where the Court of Appeal does record criticism of the trial judge, the judgment is always sent to the judge concerned, and where there is any reason for concern about the conduct of the judge, it is sent to the presiding judges. From time to time where judges are not performing adequately, they may be given advice and guidance, or training, or different workloads or types of workload by the responsible senior judiciary.
In cases where the judge's conduct is seriously impugned, the presiding judges will refer the matter to the Lord Chancellor and Secretary of State, and the Lord Chief Justice to consider complaints about conduct.
Legal Aid
Mr. Dodds: To ask the Parliamentary Secretary, Department for Constitutional Affairs what assistance has been offered by the Legal Aid Board to Mr. Liam Campbell and Mr. Michael McKevitt. [133237]
Mr. Lammy: The Legal Aid Committee of the Law Society of Northern Ireland, which has statutory responsibility for the administration of civil legal aid in Northern Ireland, has indicated that under Article 24 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, it is prohibited from giving information about individual cases.
Matrimonial/Family Court Orders
Miss McIntosh: To ask the Parliamentary Secretary, Department for Constitutional Affairs if he will ask the Law Commission to review the law on variation of matrimonial and family court orders. [134494]
Mr. Lammy: Under the current law, the courts are empowered to vary orders made in family proceedings in appropriate circumstances. I do not propose to ask the Law Commission to undertake such a review at the present time.
Small Claims Courts
Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs how long the
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average waiting time has been for hearing small claims in the small claims court which serves the Teesside area in the last six months. [134296]
Mr. Leslie: Under the Department's Public Service Agreement with HM Treasury, the average waiting time for a small claim is measured from allocation to the small claim track to the disposal hearing and should be no more than 15 weeks. There are 12 county courts within the Tyne-Tees group that conduct small claims hearings, and in the period April to September 2003, the group's average was 9.7 weeks.
Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what proportion of (a) claimants and (b) defendants was legally represented at any stage of actions in the small claims court in the last three years. [134299]
Mr. Leslie: Figures relating to the representation status of each party in a small claims case are only available for the final hearing stage. The percentage of parties represented by a solicitor at this stage are provided in the table.
| Percentage | |||
|---|---|---|---|
| For claimant | For defendant | Total smallclaims hearings | |
| 2002 | 42.7 | 33.2 | 55,719 |
| 2001 | 50.9 | 39.1 | 58,333 |
| 2000 | 48.7 | 35.1 | 55,836 |
Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs how many claims the small claims court for the Teesside sub-region determined in each of the last three years. [134302]
Mr. Leslie: There are 12 county courts within the Tyne-Tees group that conduct small claims hearings. During 2002, the number of small claims disposed of by way of a hearing throughout the group was 1,146. In 2001, this figure was 1,572, and in 2000, it was 1,208.
Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the average cost per claim to claimants has been of pursuing a claim in the small claims court in the last five years. [134305]
Mr. Leslie: Claimants pay a fee on issue of proceedings. A small proportion will pay a fee on allocation to track (principally defended claims). Taking both fees into account, the average paid in fees on small claims (up to £5,000) issued in county courts was, over the last five years:
| £ | |
|---|---|
| 1999 | 57.50 |
| 2000 | 63.33 |
| 2001 | 63.33 |
| 2002 | 63.33 |
| 2003 | 61.83 |
Some claimants (on small and large claims) will additionally seek specific orders during the course of proceedings and some of those who have obtained judgment will issue enforcement proceedings. In both
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cases, further fees will be payable. It is not possible to attribute these extra fees to the average payable on small claims, specifically.
Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs how many claims were dealt with by the small claims court in England and Wales in (a) 2000–01, (b) 2001–02 and (c) 2002–03. [134306]
Mr. Leslie: During 2000–01, the number of small claims disposed of by way of a hearing was 58,730. In 2001–02, this figure was 54,742, and in 2002–03, it was 56,988.
Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the average time has been from filing a claim to a hearing date in the small claims court in each of the last five years. [134307]
Mr. Leslie: The figures asked for are provided in the table.
| Average waiting time (weeks) | |
|---|---|
| 2002 | 31 |
| 2001 | 28 |
| 2000 | 29 |
| 1999 | 26 |
| 1998 | 24 |
DEPUTY PRIME MINISTER
Small Businesses
Mr. Prisk: To ask the Office of the Deputy Prime Minister what estimate he has made of the effect of section 8 of the Local Government Act 2003 on the competitiveness of small businesses. [135070]
Mr. Raynsford: Section 8 of the Local Government Act 2003 will have no effect on the competitiveness of small business. It forms part of the new local government capital finance system allowing local authorities to use borrowing and credit without Government consent, where they can afford to do so without extra Government support.
Community Regeneration
Stephen Hesford: To ask the Deputy Prime Minister what measures the Government has introduced to help disadvantaged communities regenerate themselves. [134118]
Yvette Cooper: The Government helps communities regenerate themselves through strategies such as the Communities Plan and the Neighbourhood Renewal strategy; which include additional support for programmes such as the Market Renewal pathfinders (new funding of £500 million) and the Neighbourhood Renewal Fund (£975 million over the next two years). For the longer term the Office of the Deputy Prime Minister is supporting community participation and effective public service improvement in the most disadvantaged communities.
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East Midlands Regional Assembly
Mr. Pickles: To ask the Deputy Prime Minister (1) how much the East Midlands Regional Assembly has spent on legal advice since it was established (a) in total and (b) on its incorporation; [134736]
- (2) if he will list (a) public relations and communications companies, (b) advertising and marketing companies, (c) management consultancies, (d) accountancy companies, (e) banking firms, (f) individual consultants and (g) other specialist consultancies used by the East Midlands Regional Assembly since June 2001; what services were provided in each case; and what the cost was in each case; [134752]
(3) how many equivalent full-time employees were employed in the East Midlands Regional Assembly (a) when it was established and (b) on 1 May; [134757]
(4) how many publications have been issued by the East Midlands Regional Assembly in each year since its establishment; and what the cost was in each case; [134758]
(5) how many conferences have been organised by the East Midlands Regional Assembly in each year since it was established; and what the cost was in each case; [134759]
(6) many research projects the East Midlands Regional Assembly (a) planned to commission and (b) commissioned in 2002–03; and what the rationale of each project was; [134760]
(7) how many conferences staff of the East Midlands Regional Assembly have attended since the Assembly was established; what the (a) cost and (b) purpose was in each case; and how many were overseas conferences. [134789]
Mr. Raynsford: The information requested is not held centrally and could be provided only at disproportionate cost. The East Midlands Regional Assembly is a voluntary body which receives Government grant. The details of its expenditure is a matter for the Assembly.
Mr. Pickles: To ask the Deputy Prime Minister what guidance his Department has given to the East Midlands Regional Assembly on its incorporation. [134750]
Mr. Raynsford: The Office of the Deputy Prime Minister has not given the East Midlands Regional Assembly any guidance on incorporation.
Mr. Pickles: To ask the Deputy Prime Minister what powers his Department has in relation to the operations of the East Midlands Regional Assembly. [134751]
Mr. Raynsford: The East Midlands Regional Assembly is a voluntary body. The only locus the Office of the Deputy Prime Minister has is in terms of checking that the assembly's membership is representative of the region, for the purposes of designation and in terms of the funding agreement about its use of Government grant.
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Mr. Pickles: To ask the Deputy Prime Minister if he will list the statutes which govern the operation of the East Midlands Regional Assembly. [134753]
Mr. Raynsford: The East Midlands Regional Assembly is a voluntary body and is not governed by statute.
Mr. Pickles: To ask the Deputy Prime Minister what position Mr. Simon Brian holds within the East Midlands Regional Assembly. [134765]
Mr. Raynsford: Mr. Simon Brian is East Midlands Regional Assembly's Communications Manager.
Mr. Pickles: To ask the Deputy Prime Minister which organisation audits the accounts of the East Midlands Regional Assembly. [134766]
Mr. Raynsford: Newby Castleman of 22 Park Road, Melton Mowbray, LE13 1TT.
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