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CONSTITUTIONAL AFFAIRS
Civil Legal Aid
The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. David Lammy): With the agreement of the Secretary of State for Constitutional Affairs, the Legal Services Commission (LSC) has today published a consultation paper entitled "A New Focus for Civil Legal Aid—Encouraging Early Resolution; Discouraging Unnecessary Litigation".
The main theme of the paper is to re-focus the civil legal aid scheme from contested litigation and to encourage early resolution of disputes. With a limited budget, we need to ensure that legal aid funding is targeted on the most needy cases and in the priority areas. The proposed changes are also required to update the LSC's funding code in the light of new initiatives—for example, changes in handling clinical negligence cases and the new Independent Police Complaints Commission. The changes to family legal aid complement the proposals announced in our Green Paper entitled "Parental Separation: Childrens' Needs and Parents' Responsibilities".
The main proposals are as follows:
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to restructure the levels of service for private law family cases to encourage the early and amicable resolution of family disputes wherever possible. A new level of service called family help will replace the existing three services, and will build upon the work already done through the FAInS (Family Advice and Information Service). This proposal will be piloted through FAInS providers before full implementation;
to introduce wider powers to refuse funding for divorce (ancillary relief) cases on the grounds that private funding mechanisms may be available, for example, using the value of the assets in dispute;
to introduce stricter controls over multiple and repeat applications in private law family cases and to limit funding to one certificate per client at any time;
to remove from scope low priority categories of case, such as legal help for drafting divorce and judicial separation petitions and changes of name;
to revise the financial eligibility limits to achieve uniform income limits across all levels of service. The upper limit for qualifying for legal representation in court would be reduced, to the (lower) level for legal help, as adjusted for inflation. However, there should be appropriate safeguards and exemptions in place to ensure the most vulnerable applicants are protected;
to remove the current rule which disregards £100k of equity in an applicant's home in assessing financial eligibility for legal aid. Again, there will be exemptions for the most vulnerable clients;
in clinical negligence cases and complaints against the police, a requirement that redress is initially pursued through the appropriate complaints procedure before funding for litigation can be considered.
Copies of the consultation paper have been placed in the Library of both Houses. It is available on the LSC's website: www.legalservices.gov.uk
Court Service
The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. Christopher Leslie): The Court Service annual report and accounts for 2003–04 has been laid before Parliament today. This document gives full details of the agency's performance and expenditure for that year. Copies of the report have been placed in the Libraries of both Houses.
The Magistrates' Courts business returns annual report 2003–04 has been laid before Parliament today. Copies of the report have been placed in the Libraries of both Houses.
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International Human Rights Instruments
The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. David Lammy): My right hon and noble Friend the Secretary of State for Constitutional Affairs has made the following written ministerial statement.
"The Interdepartmental review of international human rights instruments announced on 7 March 2002 by my right hon. and noble Friend the Lord Irvine of Lairg has been concluded.
In the course of the review, the Government has ratified the optional protocol to the United Nations Convention against torture; has signed and ratified Protocol 13 to the European Convention on Human Rights; ratified the Optional Protocol to the Convention on the Rights of the Child, relating to Children in Armed Conflict; and extended the European Convention on Human Rights to the Cyprus sovereign base area. We have decided to accept the Optional Protocol to the Convention on the Elimination of all forms of discrimination against women, which will help us to assess the effects of individual petition to the UN generally. By accepting the Protocol we are also confirming the United Kingdom's commitment to women and equality issues, spearheaded by the Minister for Women, Patricia Hewitt. We will also sign Protocol 7 to the European Convention on Human Rights; ratify chapters A and B of the Convention on Participation of Foreigners in Public Life; withdraw the general reservation relating to immigration entered under the Convention on the Elimination of all forms of discrimination Against women; and modify the reservation relating to the Throne and the armed forces entered under the Convention on the Elimination of all forms of discrimination against women. Finally we will dispense with a group of reservations now obsolete".
DEPUTY PRIME MINISTER
Planning
The Minister for Housing and Planning (Keith Hill): The Office of the Deputy Prime Minister expects to publish in August new planning policy statements on both sustainable development in rural areas and renewable energy in England. These will be the first in a new series of planning policy statements that are being introduced as part of the Government's programme of reform to the planning system. The new planning policy statement 7 (PPS7) will replace existing planning policy guidance note 7 (PPG7), "The Countryside—Environmental Quality and Economic and Social Development", published in February 1997. The new planning policy statement 22 (PPS22) will replace existing planning policy guidance note 22 (PPG22): "Renewable Energy" published in February 1993.
A draft of PPS7 was issued for public consultation in September 2003. The key policy aims of PPS7 are to plan for and facilitate good quality, sustainable development to support thriving rural communities and businesses, while protecting the beauty and character of the countryside.
A draft of PPS22 was issued for consultation in November 2003. The final document will be an important step towards facilitating the delivery of more renewable energy developments and thereby meeting this Government's commitments in respect of global warming and climate change.
Local planning authorities will need to have regard to the policies in PPS7 and PPS22 in preparing their local development documents, as should regional planning
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bodies in the preparation of regional spatial strategies. The policies may also be material to decisions on individual planning applications.
Copies of both PPS7 and PPS22 will be made available in the Libraries of both Houses following publication. They will also be made available on the website of the Office of the Deputy Prime Minister. Copies of the responses to the consultation exercises will be made available for inspection through the Office of the Deputy Prime Minister's library and lists of those responses will also be placed in the Libraries of both Houses.
Planning Policy Statements 11 and 12
The Minister for Housing and Planning (Keith Hill): The Office of the Deputy Prime Minister intends to publish in August Planning Policy Statements detailing the process by which Parts 1 and 2 of the Planning and Compulsory Purchase Act (2004) are to be implemented. Planning Policy Statement 11 (PPS11) sets out the implementation process of Part 1—Regional Functions and replaces Planning Policy Guidance 11—Regional Planning, published in October 2000. Planning Policy Statement 12 (PPS12) sets out the implementation process of Part 2—Local Development and replaces Planning Policy Guidance 12—Development Plans published in December 1999. These Planning Policy Statements are integral to the Governments programme of reforming the planning system.
A draft of PPS11 was issued for public consultation in October 2003. PPS11 provides Government guidance on the new arrangements for regional planning. The new procedural arrangements will better deliver policy at the regional level by giving more weight to what is currently Regional Planning Guidance by replacing it with a statutory Regional Spatial Strategy (RSS). The new local development documents will have to be in general conformity with this RSS, and the RSS will be made part of the development plan.
A draft of PPS12 was issued for public consultation in October 2003. PPS12 provides Government guidance on the new arrangements for the preparation of local development documents, which will comprise the local development framework. The local development framework is largely a "portfolio" of local development documents that collectively deliver the spatial planning strategy for the local planning authority's area. Local development frameworks are intended to streamline the local planning process and promote a proactive and positive approach to managing development.
Copies of both PPS11 and PPS12 will be made available in the Libraries of the House following publication. They will also be made available on the web site of the Office of the Deputy Prime Minister. Copies of the responses to the consultation exercises will be made available for inspection through the Office of the Deputy Prime Minister's library and lists of those responses will also be placed in the libraries of the House.
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