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CABINET OFFICE

Departmental Responsibilities

Dr. Julian Lewis: To ask the Minister for the Cabinet Office pursuant to the answer of 11 October 2004, Official Report, column 59W, on departmental responsibilities, (1) if she will provide the page references in the departmental report, autumn performance report and the annual report and resource accounts where the substantive information requested is contained; [192262]

(2) if she will list the paragraphs of the public service agreements which set out additions to the functions for the Cabinet Office for (a) 2004–05 and (b) 2003–04. [192263]

 
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Ruth Kelly: The internal performance monitoring and reporting arrangements in the Cabinet Office provide regular assessments of performance across the range of Cabinet Office activity and provide assurance that processes are in place to keep the Department on track against its key objectives. We fulfil our external reporting obligations through the annual publications, which are placed in the Library.

Section 2 of the 2004 Departmental Report (Cm 6226) describes how the work of management units within the Cabinet Office contributes to the achievement of our objectives. Departmental Reports since 2001 (Cm 5926, Cm 5429) have contained accounts of the work of these units.

The public service agreement provides the context for all Cabinet Office functions. No major additional functions have been added since the end of 2003–04.

Document Thefts

Mr. Chope: To ask the Minister for the Cabinet Office what the employment status is of the secretary in her Office recently arrested on suspicion of the theft of documents; and if she will make a statement. [192265]

Ruth Kelly: The person in question was provided to the Cabinet Office by an agency, which provides temporary staff to the Cabinet Office. Following the incident her assignment was terminated.

CONSTITUTIONAL AFFAIRS

Crown Court

David Davis: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the average length of Crown court trials was in each year since 1995. [190889]

Mr. Leslie: The average length of Crown court trials for each year since 1995 is presented in the following table.
England and Wales average hearing times

	Not Guilty pleas		Guilty pleas
	Total cases	Average time (hours)	Total cases	Average time (hours)
1995	28,256	8.6	49,893	1.0
1996	25,686	9.8	48,634	1.0
1997	26,695	9.8	53,472	0.9
1998	27,167	9.4	41,872	1.1
1999	26,541	9.8	37,883	1.1
2000	26,637	9.5	37,022	0.9
2001	28,453	9.4	36,655	1.0
2002	30,312	9.7	40,187	1.2
2003	30,587	9.6	41,855	1.2

Note:
Hearing times exclude luncheon adjournments.

1911 Census Information

Adam Price: To ask the Parliamentary Secretary, Department for Constitutional Affairs how many requests his Department has received from individuals in Carmarthen, East and Dinefwr who are over the age
 
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of 93 years who do not want family historians to know their personal details as stated in the 1911 census forms. [190668]

Mr. Leslie: The National Archives has not received any requests of this kind from individuals in Carmarthen, East and Dinefwr who are over the age of 93 years.

Correspondence

Mr. Keetch: To ask the Parliamentary Secretary, Department for Constitutional Affairs when the Land Registrar at HM Land Registry will send a full reply to the letter of 12 August from the hon. Member for Hereford; and if he will make a statement. [190593]

Mr. Lammy: Following the interim letters sent on 7 and 17 September 2004, Land Registry sent a full reply to the hon. Member for Hereford on 14 October. The Land Registrar, on behalf of the Department, has apologised to the hon. Member for the delay that occurred in sending the full reply.

Data Protection Act

Mr. Gray: To ask the Parliamentary Under-Secretary, Department for Constitutional Affairs pursuant to his answer of 11 October to Question 190101, what Commissioner Bolkestein's view was on whether the Data Protection Act 1988 was consistent with the European Data Protection Directive. [190783]

Mr. Leslie: Commissioner Bolkestein's letter identifies a number of areas where the European Commission has concerns about the way in which the UK data protection regime gives effect to the European Directive on Data Protection. The Government are considering the points made, and will be replying in due course.

Departmental Spending

Mr. Alan Duncan: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the total cost of refurbishment to the fabric of buildings owned by his Department has been since 1997. [185555]

Mr. Leslie: A total of £81.2 million has been spent since 1997 on refurbishment (including the cost of major maintenance projects) to buildings owned by the Department.

District Judges

Mr. Brazier: To ask the Parliamentary Secretary, Department for Constitutional Affairs how many district judges sitting in a county court are presiding over appeals against High Court orders. [192257]

Mr. Leslie: District judges sitting in the county court do not have jurisdiction to preside over appeals against High Court orders. Appeals will be determined by the Court of Appeal (Civil Division).

"Effective Enforcement"

Ross Cranston: To ask the Parliamentary Secretary, Department for Constitutional Affairs what steps he is taking to implement the White Paper "Effective Enforcement"; and if he will make a statement. [190638]

 
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Mr. Lammy: The reforms proposed in the "Effective Enforcement" White Paper will require legislation. The Government will introduce legislation when parliamentary time allows.

Estate Executors

Mr. Drew: To ask the Parliamentary Secretary, Department for Constitutional Affairs what progress has been made in the review of beneficiaries of an estate being appointed as sole executors. [190844]

Mr. Lammy: My Department has not undertaken a review of beneficiaries of an estate being appointed as sole executors, nor does it plan to do so. The current law relating to the powers of sole executors who are also beneficiaries under the will, is clear and appears to be working well. Executors are under a statutory duty to administer the deceased's estate according to law, and under a statutory duty of care to exercise reasonable care and skill in administering the estate. A beneficiary may seek legal redress should an executor breach any such duty. In addition, measures exist which allow beneficiaries under a will to check that a sole executor is administering the estate properly. When the grant of probate is made to the executor, the will becomes a public document and is available for inspection by anyone at the Principal Registry in London, or the relevant District Probate Registry. Any person interested in the deceased's estate may also apply to the court for an order requiring the executor to produce a full inventory of the estate as well as an account of the administration of the estate.

Possession Orders

Mr. Drew: To ask the Parliamentary Secretary, Department for Constitutional Affairs what the average time was in each of the last three years for landlords to get repossession of property through the use of (a) a possession order and (b) an accelerated possession order. [190947]

Mr. Lammy: The information required to answer this question is not separately recorded and could be provided only at a disproportionate cost to the Department.

Mr. Drew: To ask the Parliamentary Secretary, Department for Constitutional Affairs in what percentage of cases in 2003 a possession order was granted (a) with and (b) without a hearing following the issue of a notice for an accelerated possession order under section 21 of the Housing Act 1988; and what the average time is that a landlord had to wait for possession if a hearing has been granted. [190948]

Mr. Lammy: The number of orders made under accelerated possession proceedings during 2003 was 6660. Separate information about proceedings under section 21 of the Housing Act 1988 is not maintained. Information about waiting times and about possession orders made after a hearing would not be available without incurring disproportionate costs to the department.

Mr. Drew: To ask the Parliamentary Secretary, Department for Constitutional Affairs whether a judge is obliged to make a possession order after the issue of a notice under section 8 of the Housing Act 1988 citing
 
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non-payment of rent for greater than eight weeks; and how often this resulted in the landlord gaining early possession in each of the last three years. [190949]

Keith Hill: I have been asked to reply.

These provisions apply to assured tenancies in the social and private rented sector. The court must make an order for possession where a notice is correctly served under section 8 of the Housing Act 1988, provided the requirements laid down by legislation are met, i.e., the proceedings for possession should have been brought within the time limit specified in the notice; nothing in the terms of the assured tenancy prevents it from being brought to an end on ground 8 of Part 1 of Schedule 2; and, both at the date of the service of notice under section 8 relating to the proceedings for possession and at the date of the hearing, rent which is payable weekly or fortnightly, has been unpaid for at least eight weeks.

The Office of the Deputy Prime Minster does not collect data on cases where possession has been gained on these grounds. The Department of Constitutional Affairs collects figures relating to the number of possession orders issued each year, broken down by social landlords and private landlords, but the number of actual possessions will be much less than these. Moreover the figures for social landlords do not distinguish between local authorities and housing associations and the reasons for these are not recorded.

The number of possession orders made, for each of the last three years, by social landlords and private landlords (i.e. all landlords except local authorities and housing associations) are:

	Social landlords	Private landlords
2001	28,543	7,928
2002	28,218	7,974
2003	27,355	8,176

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