House of Commons Hansard Written Answers for 15 Jan 2004 (pt 6)

15 Jan 2004 : Column 836W—continued

Correspondence

Mr. Kaufman: To ask the Parliamentary Secretary, Department for Constitutional Affairs when he will reply to the letter to him dated 25 November 2003 from the right hon. Member for Manchester, Gorton with regard to Jahangir Shah. [147612]

Mr. Leslie: A reply to my right hon. Friend was signed by the Secretary of State for Constitutional Affairs and Lord Chancellor and sent on Monday 12 January.

International Human Rights Instruments

Lembit Öpik: To ask the Parliamentary Secretary, Department for Constitutional Affairs when the Interdepartmental Review on International Human Rights Instruments was due to report to Ministers; when Ministers received this report; when the outcomes of this review will be made available; and if he will make a statement. [147446]

Mr. Lammy: The terms of reference for the review were that it should report in spring 2003. The very wide scope of the review, and the number of Departments involved, have caused the review to take longer than expected. We will announce its outcomes to Parliament as soon as is reasonably possible.

Legal Funding

Mr. Austin Mitchell: To ask the Parliamentary Secretary, Department for Constitutional Affairs what discussions the Secretary of State has had with the Legal Services Commission on the funding of (a) human rights cases and (b) cases brought through legal aid against the closures of care homes for elderly people; and whether he was consulted by the Commission on the funding of such cases pursued by Hossacks Solicitors, of Kettering. [147464]

Mr. Lammy: Regular discussions take place between my Department and the Legal Services Commission about funding policy, of which human rights issues form an important part, given that cases which allege human rights violations by public bodies are a priority for Community Legal Service funding.

No discussions specifically concerning the funding of individual human rights cases, or publicly-funded cases against the closures of care homes for the elderly, have been held with Ministers. Nor have Ministers been consulted on the funding of such cases pursued by Hossacks Solicitors, as Ministers cannot intervene in individual funding applications.

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SOLICITOR-GENERAL

Racial Hatred

24. Dr. Evan Harris: To ask the Solicitor-General what guidelines she has issued to the Crown Prosecution Service on the question of deciding what constitutes (a) prima facie evidence warranting and (b) a public interest supporting consideration of a prosecution for inciting racial hatred. [147846]

The Solicitor-General: The Code for Crown Prosecutors requires, as the hon. Member's question reflects, that in every case the prosecutor considers: (a) whether there is enough evidence to make it more likely than not that there will be a conviction and; (b) that the public interest supports a prosecution. There is a presumption under the code that it is in the public interest to prosecute racially aggravated offences in any case where there is a racial motivation against the victim.

Norman Baker: To ask the Solicitor-General what criteria are applied to decisions on whether prosecutions for alleged racial hatred are in the public interest. [147849]

The Solicitor-General: The Crown Prosecution Service reviews all allegations of inciting racial hatred in accordance with the Code for Crown Prosecutors.

All cases are considered individually on their own merits, but must meet both tests set out in the Code namely the evidential and public interest tests. When considering the public interest of such prosecutions, the Code for Crown Prosecutors specifically states that

"a prosecution is likely to be needed if the offence was motivated by any form of discrimination against the victim's ethnic or national origin".

All such cases are dealt with by Casework Directorate at CPS Headquarters where a team of specialist prosecutors reviews them. The consent of the Attorney-General must be obtained before any such prosecution can take place.

Crown Prosecution Service

25. Mr. Allen: To ask the Solicitor-General if she will make a statement on the work of the Crown Prosecution Service with the Nottingham Criminal Justice Board in connecting the criminal justice system with local people. [147847]

The Solicitor-General: Ms Kate Carty, the Chief Crown Prosecutor for CPS Nottinghamshire, is an active member of the Local Criminal Justice Board, she chairs two important sub-groups: one on improving the service to vulnerable and intimidated victims and witnesses; the other on improving communications between the criminal justice agencies and the community. She also leads an initiative to ensure, through schools, that young people in Nottinghamshire are aware of the work and structure of their Local Criminal Justice Board.

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26. Mrs. Humble: To ask the Solicitor-General if she will make a statement on the role of the specialist prosecutors of street crime at the Crown Prosecution Service. [147848]

The Solicitor-General: In the 10 Street Crime Areas there are specialist prosecutors for prosecuting street crime cases (the premium service) in order to prosecute with the charge right first time and to help to secure the best evidence, reduce delays and focus resources.

The premium service has worked well in Lancashire and we have seen sustained improved performance, with significant decreases in the level of early terminations of cases.

Youth Justice

27. Hugh Bayley: To ask the Solicitor-General if she will make a statement on her responsibilities in relation to (a) anti-social behaviour by youths and (b) youth justice matters. [147850]

The Solicitor-General: The Crown Prosecution Service (CPS) is working with local authorities and other criminal justice agencies to ensure a strategic and effective response to anti-social behaviour by youths.

MINISTER FOR WOMEN

Correspondence

Chris Grayling: To ask the Minister for Women when she will reply to the letter sent to her Department on 21 July by the hon. Member for Epsom and Ewell on behalf of Mavish Kentish of Laburnum Road, Epsom. [143199]

Jacqui Smith: In consultation with DWP and HMT officials it has been decided that Inheritance Tax falls within the responsibilities of my right hon. Friend the Chancellor of the Exchequer.

Please accept my sincere apologies for the delay in transferring your letter. I have asked that a response be sent to you as a matter of urgency.

WORK AND PENSIONS

Child Support Agency

Mr. Weir: To ask the Secretary of State for Work and Pensions (1) how many absent parents have subsequently been assessed for a change in circumstances by the Child Support Agency after failing to respond to a request for details of change of circumstances by post; [147472]

(3) what recent discussions he has had with the Child Support Agency on procedures for contacting absent parents to ascertain changes in circumstances; [147474]

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(4) how many requests to absent parents by the Child Support Agency for details of change of circumstances were sent by post in 2003; and how many were returned undelivered by the post office. [147475]

Mr. Pond: The administration of the Child Support Agency is a matter for the Chief Executive, Mr. Doug Smith. He will write to the hon. Member with the information requested.

Letter from Doug Smith to Mr. Michael Weir:

In reply to your recent Parliamentary questions about the Child Support Agency the Secretary of State promised a substantive reply from the Chief Executive.

You asked the following questions:

how many absent parents have subsequently been assessed for a change in circumstances by the Child Support Agency after failing to respond to a request for details of change of circumstances by post;

what procedure is followed by the Child Support Agency to determine the accuracy of address information on absent parents when they receive no response to postal requests for information on change of circumstances;

what recent discussions he has had with the Child Support Agency on procedures for contacting absent parents to ascertain changes in circumstances;

how many requests to absent parents by the Child Support Agency for details of change of circumstances were sent by post in 2003; and how many were returned undelivered by the post office.

The Agency does not collect information about volumes of post issued or returned undelivered. If we have not received a response to postal requests for information and all other avenues for obtaining it have been exhausted, the case is referred to the Agency Inspectors for a visit to obtain this information. The Secretary of State and the Chief Executive of the Agency meet regularly to discuss all aspects of Agency business.

I hope this is helpful.

Mr. Plaskitt: To ask the Secretary of State for Work and Pensions (1) how many Child Support Agency cases are now operating on the new formula for calculation of maintenance payments; [147994]

Mr. Pond: The administration of the Child Support Agency is a matter for the Chief Executive, Mr. Doug Smith. He will write to the hon. Member with the information requested.

Letter from Doug Smith to Mr. James Plaskitt:

In reply to your recent Parliamentary questions about the Child Support Agency the Secretary of State promised a substantive reply from the Chief Executive.

You asked the following questions:

how many CSA cases are now operating on the new formula for calculation of maintenance payments, and

how many CSA cases continue to operate on the original formula for calculation of maintenance payments.

Regular reports on the progress of child support reform are made to the House. The most recent of these covered the period to 30 September. As of September there were 30,528 cases operating on the new formula and 882,800 cases operating on the original formula.

I hope this is helpful.

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Mr. Plaskitt: To ask the Secretary of State for Work and Pensions (1) when he will begin the process of migrating existing cases to the new formula for calculation of maintenance payments; [147996]

(3) how long he expects the process of migration of cases to the new formula for calculation of maintenance payments to take. [147998]

Mr. Pond: I refer the hon. Member to the written answer I gave the hon. Member for Castle Point (Bob Spink) on 18 December 2003, Official Report, column 1092W.

Plans for transferring the old scheme caseload to the new scheme have yet to be finalised.

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