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The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. Christopher Leslie): Subject to Parliamentary approval of any necessary Supplementary Estimate, the Department for Constitutional Affairs, Northern Ireland Court Service and National Archives: Public Records Office and Historical Manuscripts Commission Departmental Expenditure Limit (DEL) will be increased by £213,545,000 from £3,129,794,000 to £3,343,339,000 and the administration costs limit will be increased by £96,333,000 from £832,843,000 to £929,176,000. Within the DEL change, the impact on resources and capital are as set out in the following table:
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Request for Resources 1 A transfer of £2,000 resources to the Home Office in relation to costs for Contribution to Group of States Against Corruption (GRECO); a transfer of £24,000 resources to the Home Office in relation to Strategic Grant Funding of Mediation UK; a transfer of £7,460,000 admin costs to the Home Office in relation to Criminal Justice Information Technology (CJIT) transfers; a transfer of £500,000 resources from the Home Office in relation to Criminal Justice Service Confidence Unit (CJSCU) funding for local Boards; a transfer of £60,000 resources from the Home Office in relation to Victims & Witnesses Survey; a transfer of £63,000 administration costs from Home Office in relation to staff costs for prison adjudicators; a transfer of £775,000 administration costs from the Department for Work and Pensions in relation to the State Pension Credit Act 2002; a transfer of £425,000 administration costs from the Office of the Deputy Prime Minister in relation to Machinery of Government changes for devolution; a transfer of £7,000 administration costs from the HM Customs in relation to Funding for Civil Penalties & for Sections 17/18 FA 2003 Missing Traders Intra-Community (MTIC); a transfer of £17,000 administration costs to the Department of Trade & Industry being contribution to the apportionment of the fees for Senior Salaries Review Body (SSRB) members; an increase of £24,000 administration costs in relation to receipts from the Office for National Statistics; a transfer of £543,000 administration costs to the Crown Prosecution Service in relation to costs for Effective Trial Mgement Programme (ETMP) Officers; a transfer of £40,000 administration costs to the Crown Prosecution service in relation to Local Criminal Justice Board (LCJB) Funding Suffolk; a transfer of £12,300,000 resources to the Northern Ireland Court Service in relation to funding the Legal Services Commission in Northern Ireland; a transfer of £87,000,000 administration costs from HM Treasury in relation to the Libra Reserve claim; a transfer of £43,300,000 administration costs, £60,700,000 resource costs from HM Treasury in relation to the Single Asylum Fund; an increase of £2,667,000 resources in relation to Machinery of Government; a reclassification of £5,572,000 from admin resource to programme resource in relation to CUT transfers (Crown); a reclassification of £115,000 from admin resource to programme resource in relation to an Invest to Save (ISB) Award; a reclassification of £23,598,000 resources from admin resource to capital DEL;
The following transfers do not form part of the Department of Constitutional Affairs DEL, but impact on the separate DEL in relation to the spending of the National Assembly for Wales: The take up of end year flexibility of £180,000,000 for the National Assembly for Wales;
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Net transfers from Other Government Departments to the National Assembly for Wales of £2,311,000 as follows: £200,000 from the Department of Works and Pensions for the Adult Learning Inspectorate; £43,000 from the Home Office for Wales Business Crime Reduction; £50,000 from the Northern Ireland Office for Out of Area Treatments; £20,000 from the Department of Health for a Prison Health Co-ordinator; £349,000 from the Home Office for Prison Service Health Care; £250,000 from the Home Office for Through-care and Aftercare; £34,000 from the Home Office for Golden Jubilee Awards; £1,158,000 from the Department of Works and Pensions for Pension Credit Passports; £250,000 from the Forestry Commission, which is the final settlement associated with the transfer of responsibility for forestry to the Assembly; £43,000 to the Scotland Office for Out of Area Treatments. The change in the resource element of the Northern Ireland Court Service DEL arises from: a Public Expenditure Survey (PES) transfer from the Department for Constitutional Affairs of £12,300,000 in respect of the funding of publicly funded legal services in Northern Ireland and the virement of £185,000 from capital to meet a corresponding increase in "other current" expenditure. The change of £2,063,000 in the resource element of the National Archives DEL arises from the funding of electronic service delivery developments, which relate to the Government's 2005 target. The change in the capital element of the Department of Constitutional Affairs DEL arises from: Request for Resources 1 a transfer of £22,324,000 capital from the Home Office in relation to CUT transfers; a transfer of £4,000,000 capital from HM Treasury in relation to the Single Asylum Fund; a reclassification of £23,598,000 from admin resources to capital DEL. The change in the capital element of the Northern Ireland Court Service DEL arises from: the virement of £185,000 from capital to "other current" to meet a corresponding increase in "other current" expenditure. The increase in non-voted expenditure arises from the resource consumption requirements of the Northern Ireland Legal Services Commission, a Non Departmental Public Body, which was established on 1 November 2003.
The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. David Lammy): The Government has today published its response to the Joint Committee on the Draft Mental Incapacity Bill report which was published on 17 November 2003 (HL1891 and HC 10831). Copies of the response have been placed in the Libraries of both Houses (Command Paper 6121).
The Government would like to thank the Committee for publishing such a comprehensive report in a short period of time, and in obtaining such a wide range of evidence on the Bill. We are pleased that the Committee
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agrees this new statutory framework is needed and that it endorses the principles and general direction of the draft Bill.
The Bill will reform the law in order to improve and clarify the decision making process for those aged 16 and over who are unable to make decisions for themselves. It will also offer, to people who have capacity, the choice to decide how they are cared for in the future by introducing new ways to plan ahead for a time when they might lose capacity.
Over 2 million adults in England and Wales are currently affected by a lack of capacity. Many more care for someone who may need help with decision making. With increasing ageing most of us will face the risk of losing mental capacity at some point in our lives. The Bill therefore has the potential to help a high proportion of the population.
The Department of Constitutional Affairs is working closely with the Department of Health on a revised Bill. We plan to introduce the revised Bill later in this Parliamentary session. We will also have a draft outline of the codes of practice for Parliament to see at Committee stage.
The Financial Secretary to the Treasury (Ruth Kelly): Subject to Parliamentary approval of any necessary Supplementary Estimate the Government Actuary's Department DEL will be increased by £642,000 from £983,000 to £1,625,000 and the administration costs limit will be increased by £838,000 from £2,145,000 to £2,983,000. Within the DEL change, the impact on resources and capital are set out in the following table:
*Depreciation which forms part of resource DEL, is excluded from the total DEL since capital DEL includes capital spending and to include depreciation of those assets and would lead to double counting.
The change in the resource element of the DEL arises from: (i) an increase of £477,000 to reflect the benefit it has received on a reduced rent currently in the first full five years of tenancy by spreading the value of the rent reduction over the 20 years of the lease, (ii) a claim on the DEL reserve of £165,000 to cover a sub-letting void for the property Finlaison House, (iii) a reduction in expenditure and associated receipts to reflect changes to GAD's 200304 recruitment plans. There is no change to the capital element of the DEL.
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