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Legal Aid
Keith Vaz: To ask the Minister of State, Department for Constitutional Affairs what criteria govern the awarding of legal aid in housing cases. [84557]
Vera Baird: Applicants for legal aid in housing cases can obtain legal aid for legal advice and information, investigative help, or legal representation, if they pass the standard tests of financial eligibility and if their case meets the criteria for the grant of funding, as set out in the Funding Code. Housing cases are considered a priority for funding, and the Funding Code criteria for legal representation in housing cases reflect this. Cases in which the roof over the applicant’s head is directly at issue are considered to be of “overwhelming importance” to the applicant and can be funded in a wider range of circumstances than other housing cases.
Legal Professionals
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs how many (a) solicitors and (b) barristers are practising; and how many were practising in (i) 1992 and (ii) 1997. [85155]
Bridget Prentice: There are currently 100,938 solicitors and 11,818 (self-employed) barristers who hold practising certificates.
In 1992 these figures were 59,566 and 7,271 respectively.
In 1997 they were 71,637 and 9,369 respectively.
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs how many women practise in the legal profession; and how many were practising in (a) 1979, (b) 1983, (c) 1992 and (d) 1996. [85156]
Bridget Prentice: The information available is set out in the table.
| Number of women | |||||
| 2006 | 1996 | 1992 | 1983 | 1979 | |
| (1)
No data
available. | |||||
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs what the average earnings are of solicitors; what they were in (a) 1976, (b) 1986, (c) 1996 and (d) 2000; and ifshe will conduct a survey of the socio-economic background of lawyers. [85157]
Bridget Prentice: In 2005, the average earnings of a solicitor were £35,000 per year. This figure is drawn from across the whole solicitors profession and so does not differentiate for size of firm, number of partners, grade of solicitor etc.
The full information, showing the breakdowns, is available in the Law Society's Private Practice solicitors' salaries 2005 fact sheet.
Information on salaries prior to 2001 is not available.
While I have no plans to carry out a survey of the socio-economic background of lawyers, I am taking forward a programme of work to encourage and increase diversity in the legal profession.
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs what the total average fees paid out of public funds per day for appearances in criminal and civil courts for (a) prosecution and (b) defence barristers who are (i) Queen's Counsel and (ii) junior barristers were in the last period for which figures are available; and what the comparable figures were in (A) 1976, (B) 1986, (C) 1996 and (D) 2000. [85158]
Vera Baird: The information requested is not available.
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs whether the average annual earnings of barristers have (a) kept pace with, (b) fallen behind and (c) risen faster than inflation in each of the last five years. [85159]
Bridget Prentice: Information about the earnings of barristers is not held centrally.
Long Trials
Keith Vaz: To ask the Minister of State, Department for Constitutional Affairs what steps she is taking to reduce the number of excessively lengthy trials. [84558]
Vera Baird: The Government are committed to ensuring that criminal cases are dealt with in a speedy fashion commensurate with the interests of justice. In the DCA command paper ‘A Fairer Deal for Legal Aid’ we clearly stated our aim to improve the financial control and overall management of the highest cost cases, achieving more timely and effective disposal.
We have put in place a number of measures to work towards this aim, such as the High Cost Cases Review Board, a cross-CJS board which aims to bring greater scrutiny to the way that high cost cases are managed.
The
judiciary have also issued a number of protocols on the management of
heavy fraud and other complex cases, terrorism cases and of the
disclosure process,
which are intended to ensure that judges actively case manage to
minimise the length of trials, and that prosecution and defence teams
comply with deadlines and
directions.
The Criminal Case Management Framework promotes robust judicial case management among operational practitioners and provides guidance as to how cases should be managed efficiently and effectively from pre-charge through to conclusion. The Criminal Procedure Rules 2005 add a degree of prescription to the practices outlined in the CCMF by ensuring that criminal cases are dealt with efficiently and expeditiously.
Magistrates
Keith Vaz: To ask the Minister of State, Department for Constitutional Affairs what progress she has made in increasing diversity among magistrates. [84579]
Ms Harman: In the year 2004-05 there were 28,300 magistrates of which 6.7 per cent. were members of the Black and Minority Ethnic community; 18.96 per cent. of magistrates were under 50 years of age.
In 2005-06 the magistracy increased to 28,865. Of these, Black and Minority Ethnic members rose to7.2 per cent.; and magistrates under 50 rose to 20.16 per cent.
The gender split remains evenly balanced.
Magistrates Courts (Foreign Nationals)
Mr. Hands: To ask the Minister of State, Department for Constitutional Affairs whether magistrates are permitted to ask the Crown Prosecution Service whether they have issued an IM4—Deportation Notice when a non-EU foreign national pleads guilty to an imprisonable offence. [84422]
Ms Harman: Yes, where the court considers this information appropriate to the decision it intends to make for instance if a non-EU foreign national is found guilty of an imprisonable offence.
Mr. Hands: To ask the Minister of State, Department for Constitutional Affairs whether magistrates are permitted to ascertain the immigration status of a defendant who is a non-EU foreign national. [84423]
Ms Harman: Yes, when it becomes relevant for instance when considering bail or sentencing for an imprisonable offence. In practice this is something that would be brought to the attention of the court by the prosecution.
Official Visits
David Simpson: To ask the Minister of State, Department for Constitutional Affairs on how many occasions she has visited each region in an official capacity in the last 12 months. [83911]
Ms
Harman: In an official capacity over the last12
months I have visited the North West five times, the
East Midlands twice, the East of England once, the West Midlands twice,
the South East once and have made 11 visits in
London.
Public Appointments
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs how many public appointments are within her patronage; what (a) salary and (b) other emoluments are attached to each; and what the comparable figures were in (i) 1976, (ii) 1986 and (iii) 1996. [83188]
Ms Harman: Details of the public appointments to public bodies sponsored by the Department for Constitutional Affairs can be found in “Public Bodies”, copies of which are in the Library. “Public Bodies” has been published annually since 1980 and the most recent edition provides figures for 2005. Each edition of “Public Bodies” contains details on the number of public appointments and remuneration details for that particular year. Further information, including comparable information for 1976, in respect of Department for Constitutional Affairs could be provided only at disproportionate cost.
Small Claims Courts
Anne Milton: To ask the Minister of State, Department for Constitutional Affairs what average payment has been made to claimants in successful cases heard by small claims courts where the claimant (a) had legal representation and (b) had no legal representation in each year since 1997. [84079]
Ms Harman: Information on the average payment made to claimants on successful cases heard by small claims courts is not collected since payment will often be made between the parties without the court having been informed. The following table gives information on the average level of award in cases where the claimant (a) had legal representation and (b) had no legal representation in each year since 1997, drawn from a sample collected from 29 county courts during the months of February, July and November each year and aggregated to provide national figures.
| Small claims procedures | ||||
| Number of claims made where claimant was represented by a solicitor | Average size of award for claims using a solicitor (£) | Number of claims made by the claimant in person | Average size of award for claims made by claimant in person (£) | |
Anne
Milton: To ask the Minister of State,
Department for Constitutional Affairs how many cases
have been heard by small claims courts where (a) claimants had
legal representation and (b) claimants had no legal
representation in each year since 1997.
[84080]
Ms Harman: Information on the number of cases that have been heard by small claims courts where (a) claimants had legal representation and (b) claimants had no legal representation in each year since 1997 is contained in the following table. The data are derived from case samples collected from 29 county courts during the months of February, July and November each year, which has then been aggregated to provide national figures.
| Number of claims | Represented by a Solicitor | Claimant in person | |
Small Claims Limit
David Tredinnick: To ask the Minister of State, Department for Constitutional Affairs what progress the Government have made with their plan for consultation on alternative options for dealing with the small claims limit. [84879]
Ms Harman: The Government are currently working with stakeholders to make the claims process more timely, proportionate and cost-effective. We intend to publish a consultation paper later this year.
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