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19 Dec 2005 : Column 2545W—continued
Appeal Court Hearings
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs what the procedure is for removing (a) a Crown court judge and (b) an Appeal Court judge; how many (i) Crown court and (ii) Appeal Court judges have been removed from office in each year since 1975; what the circumstances were in each case; and if she will make a statement. [37543]
Ms Harman: The information requested is as follows:
(a) Under section 17(4) of the Courts Act 1971, a Crown court judge can only be removed from office by the Lord Chancellor, with the agreement of the Lord Chief Justice, for misbehaviour or incapacity. This process would normally be initiated following an investigation undertaken by a judge nominated by the Lord Chief Justice, at the request of the Lord Chancellor; or following conviction for any criminal offence potentially or actually carrying a sentence of imprisonment.
(b) Judges at the level of the High Court and above may only be removed by the Queen on presentation of an Address by both Houses of Parliament.
(i) In the period since 1975 I am aware of one Circuit Judge who has been removed by the Lord Chancellor, exercising his statutory powers under the Courts Act 1971. That judge had been convicted of smuggling in 1983.
There have been no Addresses of both Houses of Parliament regarding the removal of a judge of the High Court or above since 1975.
Barristers
Mr. Dismore: To ask the Minister of State, Department for Constitutional Affairs if she will list the 10 barristers instructed by the Treasury Solicitor to advise and to represent the Government in court proceedings who received the highest payments in the last financial year; how much each received; and if she will make a statement. [23499]
The Solicitor-General: I have been asked to reply as Law Officers are accountable for the Treasury Solicitor.
The 10 barristers instructed by the Treasury Solicitor to advise and to represent the Government in court proceedings who were paid the highest sums for this
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work in the last financial year (ending 31 March 2005) and the amounts paid are:
(108)The figures include payment for instruction in arbitrations as well as in court proceedings. Alternative Dispute Resolution mechanisms are used as appropriate.
A number of qualifications need to be added to these figures:
The amount paid to barristers in one financial year is not necessarily reflective of the work carried out during that year. Payment may take place during or sometime after the work.
The figures must be interpreted carefully and do not represent the personal earnings of the barristers listed—figures are inclusive of VAT and disbursements incurred. After VAT has been deducted, barristers will typically pay 25 to 30 per cent. of fees in professional expenses. Additionally, barristers face the same expenses as any other self- employed person, including income tax and national insurance contributions.
The Crown pays barristers at a fixed hourly rate for work payable, for example, only when hearings take place, and does not use a brief fee system.
Not all payments could be verified with the individuals concerned. Cases in dispute, where records of payments held by the Treasury Solicitor differ to those held by the practitioners, have been included. Where possible, amounts have been verified by practitioners and adjusted where necessary.
Criminal Offences
Simon Hughes: To ask the Minister of State, Department for Constitutional Affairs pursuant to her answer of 1 December 2005, Official Report, columns 742–43W, on criminal offences, which criminal offences were created in each Act named in her answer. [38361]
Ms Harman:
My answer of 1 December 2005, Official Report, column 742–43W, listed all of the primary legislation sponsored by the Department from May 1997 rather than the criminal offences created in that legislation. This is because the information requested cannot be provided except at disproportionate cost because of the period of time covered by the question.
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However, I refer the hon. Member to the reply to the hon. Member for Winchester (Mr. Oaten) on 24 January 2005, Official Report, column 136W, which provided some of the requested information.
Data Protection
John Hemming: To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of the deterrent effect of court awards for compensation for breaches of the Data Protection Act 1998. [30685]
Ms Harman:
None. The purpose of compensation under the Data Protection Act 1998 is not to act as a deterrent, but to compensate individuals for any damage or harm arising from a breach of their rights. We have further not made any assessment.
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Departmental Research
Bob Spink: To ask the Minister of State, Department for Constitutional Affairs what research projects commissioned by her Department are in progress and what the publication arrangements are. [33033]
Bridget Prentice: Commissioned research projects in progress are listed in the table and publication arrangements, where decided, are indicated.
Projects commissioned by the Research Unit are published in hard copy in the DCA Research Series and posted on the DCA website. Other reports may be posted on the DCA or HMCS websites or produced in hard copy, but for some work in progress the exact nature of publication is not yet decided.
Research commissioned by the OCA for 2005:
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