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7 Jun 2005 : Column 538W—continued
Claims Farming
26. Linda Gilroy: To ask the Minister of State, Department for Constitutional Affairs what measures she plans to take to discourage the practice of claims farming. [1915]
Bridget Prentice: We plan to bring forward legislation in the Compensation Bill to regulate claims farmers to ensure that consumer safeguards are improved and abuses are dealt with.
Legal Aid
Mr. Heald: To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of the adequacy of funding for civil legal aid. [1768]
Bridget Prentice: The Government and the Legal Services Commission are working to ensure that the civil legal aid spend is better targeted at protecting the vulnerable, especially children at risk and the socially excluded. The Fundamental Legal Aid Review (FLAR), launched in May 2004, has been examining how legal aid can provide services that meet the needs of society, help people improve their lives and prevent social exclusion.
Keith Vaz: To ask the Minister of State, Department for Constitutional Affairs whether the Legal Services Commission intends to carry out a pilot test of its consultation proposals regarding the introduction of price competitive tendering to the criminal legal aid system. [1797]
Bridget Prentice: The Legal Service Commission (LSC) is currently analysing responses to its consultation exercise on proposals to introduce price competitive tendering (PCT) for publicly funded criminal defence services in London. A final decision on the most suitable way forward, including whether a pilot scheme might be appropriate, will be made in the light of the comments received. However, the LSC considers that the market in London, with almost 500 solicitors' firms contracted to provide criminal legal aid services would be well suited to PCT, and would also be consistent with its statutory obligation to optimise value for money.
Keith Vaz: To ask the Minister of State, Department for Constitutional Affairs what plans the Department has to extend the introduction of price competitive tendering to the criminal legal aid system in parts of England and Wales outside London. [1800]
Bridget Prentice: The Legal Services Commission and the Department for Constitutional Affairs will continue to seek to improve the way in which these services are purchased to assure quality for clients and achieve better value for money. This may include a greater use of managed competition. The current consultation on the proposed system for London will help inform this process.
Mr. Pope: To ask the Minister of State, Department for Constitutional Affairs how much funding for legal aid the Department and its predecessor provided in each year since 1997. [1980]
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Bridget Prentice: The total amount of funding provided for legal aid each year is as follows:
| £ million | |
|---|---|
| 2004–05 | 2,053 |
| 2003–04 | 2,084 |
| 2002–03 | 1,913 |
| 2001–02 | 1,719 |
| 2000–01 | 1,666 |
| 1999–2000 | 1,556 |
| 1998–99 | 1,623 |
| 1997–98 | 1,527 |
Asylum/Work Permits
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs what steps she is taking to prevent legal advisers facilitating unfounded claims for (a) asylum and (b) applications for work permits. [1860]
Bridget Prentice: The Government take the matter very seriously. The Office of the Immigration Services Commissioner (OISC) and the Law Society, which regulate immigration advisers, have a duty to ensure that advisers act properly.
Since becoming fully operational in May 2001, the OISC has used its powers to prosecute advisers, refuse applications for registration and to withdraw regulation from advisers.
The Law Society has put in place a raft of measures to ensure that immigration advisers are acting properly, ranging from investigations to referral to the Solicitors Disciplinary Tribunal.
The Legal Services Commission has taken a number of steps to ensure that only suppliers meeting rigorous quality standards can provide publicly funded advice.
Census Returns
Lorely Burt: To ask the Minister of State, Department for Constitutional Affairs under what arrangements (a) the College of Arms and (b) other applicants receive copies of personal information from closed decennial census returns; and if she will take steps to extend those arrangements to allow personal information to be exceptionally released from the 1911 and 1921 censuses for Ordsall Hall, Retford, Nottinghamshire. [1844]
Ms Harman: The 1911 census returns are in the custody of the National Archives, and requests for information contained in them are considered on a case by case basis under the Freedom of Information Act, in consultation with the Office for National Statistics as the transferring department. So far it has not been possible to make any returns from the 1911 census available, including the one referred to by the hon. Member, because they are covered by the S.41 exemption of the Act relating to breach of confidence.
Census returns from 1921 onwards were taken under the provisions of the Census Act 1920 and are in the custody of the Registrar-General for England and Wales. The 1920 Act prohibits the release of personal information by the Registrar-General without lawful authority. In consequence, they are covered by S.44 of
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the FOI Act relating to information prohibited from disclosure by or under any enactment. No returns from the 1921 census have been made available under the Freedom of Information Act.
Lorely Burt: To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of the impact of the Freedom of Information Act 2000 on (a) 100-year decennial census closure and (b) the Public Records Act instrument no. 12 (1966); and what the basis is for the Government's policy that the 1911 and 1921 census returns for Ordsall Hall, Retford, Nottinghamshire shall continue to be closed to inspection for 100 years. [1845]
Ms Harman: The reasons behind the Government's policy of releasing decennial census returns after a period of 100 years were most recently set out by the Constitutional Affairs Minister on 29 March 2004. Under the Freedom of Information Act 2000, extended closure instrument no. 12 of 1966 ceases to apply. In accordance with the Act and with Government policy, the National Archives considers each request for access to the 1911 returns on a case by case basis, in consultation with the Office for National Statistics as the transferring department. So far it has not been possible to grant any of these requests, including the one referred to by the hon. Member, because they are covered by s.41 exemption of the Act relating to breach of confidence.
Census returns from 1921 onwards were taken under the provisions of the Census Act 1920 and are in the custody of the Registrar-General for England and Wales. The 1920 Act prohibits the release of personal information by the Registrar-General without lawful authority. In consequence, they are covered by s.44 of the FOI Act relating to information prohibited from disclosure by or under any enactment.
Lorely Burt: To ask the Minister of State, Department for Constitutional Affairs whether the UK courts have tested Government policy on withholding personal information from the decennial censuses from being inspected before the records are 100 years old. [1846]
Ms Harman: The Government's policy of releasing individual census returns after a period of 100 years has not been tested in the UK courts.
Crown Court Trials
Mr. Heald: To ask the Minister of State, Department for Constitutional Affairs if she will make a statement on her plans to reform the length and cost of trials in Crown courts. [1764]
Ms Harman: Steps are being taken by my Department to address lengthy trials. A protocol for dealing with such trials was recently issued by the Lord Chief Justice.
My Department is also considering reform of the legal aid system to ensure that the provision of legal aid is placed on a sustainable footing, while ensuring that publicly-funded legal services are available for those who need them. We intend to publish proposals before the recess, including proposals that will help reduce the length and cost of criminal cases.
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