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Written Answers to Questions
Monday 17 November 2003
SOLICITOR-GENERAL
Extradition
Simon Hughes: To ask the Solicitor-General what the policy of the United Kingdom Government is on requesting extradition of individuals accused of torturing British nationals abroad, in the absence of a pending prosecution in the country where the accused is located. [137834]
The Solicitor-General: The courts of England and Wales may have jurisdiction in respect of an offence committed abroad if the offender, or the victim, is a British national. Once such jurisdiction is established then the procedures for investigating and prosecuting the case are the same as for any case prosecuted in the courts of England and Wales. The police are responsible for investigating allegations of criminal offences and for obtaining admissible evidence to prove the alleged offence. The CPS is responsible for the prosecution of all criminal cases resulting from police investigations. The police ask the advice of the CPS before charging any person with a criminal offence.
In complex and serious cases such as potential offences involving torture, the police will invariably consult with the CPS for advice on the sufficiency of the evidence before a person is charged. The CPS will consider each case that is passed to it by the police. Each case is carefully considered to assess whether it meets the test set out in the Code for Crown Prosecutors, issued under section 10 of the Prosecution of Offences Act 1985. Once the CPS has decided to start a prosecution, if the alleged offender is located abroad the CPS will refer an application for extradition to the Secretary of State for the Home Department who will forward the request through the appropriate diplomatic channels.
CONSTITUTIONAL AFFAIRS
Compensation Orders
Mrs. Brooke: To ask the Parliamentary Secretary, Department for Constitutional Affairs how many compensation orders were awarded at (a) magistrates' courts and (b) Crown courts in each year since 2000; what the rate of default was in (i) each year and (ii) each court; and if he will make a statement. [138451]
Mr. Leslie: Information on compensation orders in Magistrates' Courts has not been historically collected by the Department for Constitutional Affairs. However, the Home Office Criminal Statistics Publication (Table SI, 6(A)) shows that in 2000, 97,073 offenders were ordered to pay compensation (excluding summary motoring offences) and in 2001, 97,134 offenders were ordered to pay compensation (excluding summary
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motoring offences). Information on the rate of default is not currently collected as compensation orders are measured with confiscation orders and other fines and not isolated. Magistrates' Courts Committees (MCCs) have a responsibility for the collection of a range of debts imposed by both the magistrates' courts and the Crown Court. Debt collected includes compensation but also fees, fines, confiscation orders, legal aid contributions and some maintenance orders. It is not yet possible to separate out only compensation orders from the total. There are plans, however, to isolate compensation orders in debt analysis under the Libra Project from around Autumn 2004 onwards. This will involve the use of the Libra Application which is the new IT system being developed for the Magistrates' Courts.
Figures concerning the number of compensation orders made in the Crown Court for the years 2000–02 are as follows. This information relates to defendants, not cases:
- 2000—6,892
2001—6,732
2002—7,100
Appointments Commission
Mr. Gordon Prentice: To ask the Parliamentary Secretary, Department for Constitutional Affairs how many people were interviewed for the position of chair of the House of Lords Appointments Commission when it was first established. [138519]
Mr. Leslie: My Department is not responsible for the present House of Lords Appointments Commission, which is a non-departmental public body sponsored by the Cabinet Office. However, I understand that three people were interviewed for the post of chair when the Commission was first established.
Bailiffs
Malcolm Bruce: To ask the Parliamentary Secretary, Department for Constitutional Affairs how many complaints have been made in each year since 1997 concerning the conduct of bailiffs; how many complaints have been investigated; how many complaints have resulted in a prosecution; how many convictions there were concerning the conduct of bailiffs; and if he will publish a list of banned bailiffs. [136800]
Mr. Leslie [holding answer 6 November 2003]: My Department is responsible for county court bailiffs only. Any complaint involving a county court bailiff, unless of a serious nature, is dealt with by the county court that s/he is assigned to. There is no database kept on complaints against individual bailiffs.
There are Certificated Bailiffs who act in a private capacity. They are given their authority to do so for a period of two years, by their local county court judge, in accordance with the Distress for Rent Rules 1988. A complaint against a Certificated Bailiff is considered by a judge of the county court that granted the certificate.
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If the certificate is revoked the Department will be informed. The information will be recorded on the Register of Certificated Bailiffs that is kept centrally. The Register is open to public search through a central point of contact. No data is retained longer than three years. In 2001 two certificates were cancelled, in 2002, 13 were cancelled, and in 2003 to date 17 have been cancelled. Any prosecution would be taken by the member of the public affected by the action of a certificated bailiff. There is no data kept by the county court or the Department centrally.
Bechtel
Malcolm Bruce: To ask the Parliamentary Secretary, Department for Constitutional Affairs if he will list the contracts for consultancy and other work carried out by Bechtel in each year since 1997 for the Lord Chancellor's Department, stating in each case (a) the nature of the work, (b) the value of the contract and (c) the duration of the contract; and if he will make a statement. [137738]
Mr. Lammy: According to our records, since 1997 the Lord Chancellor's Department has not entered into a contract with Bechtel for consultancy or other work.
Departmental Costs
Mr. Flight: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the cost was to his Department and its predecessor of use for official business of (a) ministerial cars and drivers, (b) taxis, (c) train travel, (d) the use of helicopters, (e) airline tickets and (f) chartered aeroplanes in each year since 1997. [123086]
Mr. Lammy: I refer the hon. Member for Arundel and South Downs to the answer of the Minister of State for the Cabinet Office (Mr. Alexander) of 13 November 2003,
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Official Report, column 397W, which deals with part (a) and (f) on behalf of my Department.
It is not possible to identify the Department's other travel costs without incurring disproportionate cost. The Department has published rules for official travel in its staff handbook and ministerial travel is governed by the Ministerial Code and Travel by Ministers.
Divorced Parents
Sir Nicholas Winterton: To ask the Parliamentary Secretary, Department for Constitutional Affairs pursuant to his answer of 22 October 2003, Official Report, column 631, on divorced parents, if he will collect separate figures for the numbers of (a) fathers and (b) mothers granted leave to remove their children from the United Kingdom. [136098]
Mr. Lammy: There are no plans to collect the data requested. No children statistics distinguish between orders in favour of mothers and fathers and to collect figures in this area would incur disproportionate cost. Figures are kept of the total number of orders made under section 13 of the Children Act 1989 for removal from the jurisdiction since 2000 (when figures were first collected). Separate figures are not held for mothers and fathers, though 333 such orders were made in 2002.
Law Commission (Acts)
Mr. Jim Cunningham: To ask the Parliamentary Secretary, Department for Constitutional Affairs on what dates Acts have received Royal Assent enshrining legislative proposals published by the Law Commission since 1990. [138044]
Mr. Lammy: The Law Commission Reports published since 1990, together with the titles of the Acts incorporating the Reports' recommendations and the dates on which those Acts received Royal Assent, are set out in the table.
Note:
This table does not contain 41 Consolidation Acts or the 3 Statute Law (Repeal) Acts passed since 1990.
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