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19 Oct 2006 : Column 1348W—continued
Asylum Seekers
Jim Cousins: To ask the Secretary of State for the Home Department how many asylum seekers and their dependants were being supported by the National Asylum Support Service (NASS) in accommodation in the City of Newcastle upon Tyne on 1 June 2003, (b) 2004, (c) 2005 and (d) 2006; how many were receiving subsistence only support on each date; how many failed asylum seekers and their dependents were receiving Article 4 support in Newcastle on each such date; and how many claimants of NASS support in Newcastle have had support withdrawn under section 9 of the Asylum and Immigration Act 2004 in each year since coming into force. [92810]
Mr. Byrne: The number of asylum seekers supported by the National Asylum Support Service (NASS) is published on a quarterly and annual basis, broken down by Government office region and local authority. The latest publication covering the second quarter of 2006 is available on the Home Office Research Development and Statistics website at http://www.homeoffice.gov.uk/rds/immigration1.html.
The number of failed asylum seekers and their dependants receiving Section 4 support is not available historically and could be obtained only at disproportionate cost by looking at individual case files. However management information shows that there are currently 140 principal applicants and five dependants being supported under Section 4 in Newcastle upon Tyne. Please note that all figures are rounded to the nearest five.
No cases in Newcastle have had their support terminated under section 9 of the 2004 Act, as section 9 was implemented by means of a pilot run in London, Leeds and Manchester.
Crime Reports
Mark Hunter: To ask the Secretary of State for the Home Department what steps he is taking to improve the quality of crime reports taken from the public; and if he will make a statement. [93005]
Mr. McNulty: In 2002 the Home Office, in partnership with the Association of Chief Police Officers (ACPO), introduced the National Crime Recording Standard (NCRS), designed to improve the quality of crime recording in all forces. NCRS was developed following extensive research undertaken by the Association of Chief Police Officers (ACPO), and Her Majesty’ Inspectorate of Constabulary (HMIC), as well as research commissioned by the Home Office, which demonstrated wide-ranging inconsistencies in the way that forces were managing crime reports taken from the public. NCRS is based on a number of key principles including the requirement for forces to create incident reports for all incidents and to record these incidents as crimes if, on the balance of probabilities, the circumstances of the incident amount to a crime and if there is no credible evidence to the contrary. NCRS was designed to secure a better quality of service for the victims of crime, particularly around reporting, and has delivered significant improvements.
The Home Office, through the Police and Crime Standards Directorate, has provided a strong lead in ensuring that forces are complying with NCRS. A three-year programme of annual external audit has been undertaken in partnership with the Audit Commission across a wide range of crime types, to ensure that forces are recording the crimes reported to them accurately and consistently. In 2003 the independent audit found that only 2 per cent. of forces were achieving a good or excellent level of performance for data quality. Self-improvement by forces, supported by the Home Office, have resulted in an outstanding improvement in performance. The Audit Commission’s report Crime Recording 2005, published in June 2006 found that 81 per cent. of forces are now rated as either good or excellent, with no forces scoring poor. This represents a significant step forward in ensuring that the quality of reports taken from the public is robust and capable of supporting the investigation of crime. The Home Office remains committed to maintaining this high level of quality and fully intends to work with forces to build upon the achievements to date.
Miscarriages of Justice
Mr. O'Hara: To ask the Secretary of State for the Home Department what costs have been incurred by the Government and paid by or on behalf of the independent assessor of claims for compensation for miscarriage of justice in respect of legal advice and litigation arising from assessments since 1976; and what the (a) date and (b) amount was of each such payment. [94399]
Mr. Sutcliffe: Costs incurred and paid by the Government on behalf of the independent assessor of compensation for miscarriages of justice, as a result of legal challenges to assessments, are available only as total figures for financial years. The first financial year in which such costs were incurred was 2002-03, when £9,551 was paid. In 2003-04 the figure was £16,907, in 2004-05 it was £14,149 in 2005-06 it was £15,929, and in the current financial year it is £2,686 to date.
Mr. O'Hara: To ask the Secretary of State for the Home Department (1) what communications and discussions have taken place between the Government and the current independent assessor regarding changes in the scheme; [94402]
(2) what discussions he has had with the independent assessor relating to his planned changes in the scheme for compensation for victims of miscarriages of justice. [94404]
Mr. Sutcliffe: Officials and the independent assessor of compensation for miscarriages of justice meet regularly to discuss a range of issues, including the effectiveness of the existing compensation schemes. Meetings between the assessor and Ministers take place from time to time; such a meeting took place before the then Home Secretary announced changes to the compensation schemes on 19 April 2006 .
Mr. O'Hara: To ask the Secretary of State for the Home Department how the performance by the independent assessor of claims for compensation for miscarriages of justice of his functions has been assessed or monitored; and by whom. [94406]
Mr. Sutcliffe: The performance of the independent assessor of compensation for miscarriages of justice is monitored by the Miscarriages of Justice Team in the Better Trials Unit of the Office for Criminal Justice Reform. A monthly audit of cases is carried out and regular meetings are held with the assessor. It is also open to any applicant who is dissatisfied with the assessor’s handling of their case to seek judicial review.
Mr. O'Hara: To ask the Secretary of State for the Home Department what policies and procedures his Department has regarding the expression of official sympathy, regret and apology in serious miscarriage of justice cases. [94409]
Mr. Sutcliffe: It must always be a matter for deep regret that any miscarriage of justice occurs, and I am, of course, sorry that sometimes people are affected in this way. I believe that the best remedy for a miscarriage of justice is for the wrongful conviction to be overturned by a court of law. The state will also, on application, pay compensation in recognition of the consequences of a miscarriage of justice, if the criteria in section 133 of the Criminal Justice Act 1988 are met.
Mr. O'Hara: To ask the Secretary of State for the Home Department in which cases in which there has been a miscarriage of justice a meeting with the Government has been (a) sought and (b) granted by the Government since 1997; when and where such meetings have taken place; and who has represented the Government at such meetings. [94410]
Mr. Sutcliffe: Records are not necessarily kept centrally of requests for meetings. However, we are aware that the then Home Secretary met with the legal representatives and family members of the late Derek Bentley in November 1998, and that the then Minister of State met the hon. Member for Leicester East in December 2004 to discuss an individual case. Other meetings between Ministers and hon. Members may have taken place.
Mr. O'Hara: To ask the Secretary of State for the Home Department what education and training (a) has been given to and (b) is planned for (i) the current director and (ii) other staff of the Office for Criminal Justice Reform regarding the nature of the work of that office, with particular reference to (A) miscarriage of justice cases and (B) meeting the need of those who are relatives of victims who have died as a result of criminal conduct. [94414]
Mr. Sutcliffe: All staff within the Office for Criminal Justice Reform (OCJR) receive training appropriate to their role upon appointment. As part of her induction and in the course of day-to-day business, the chief executive of OCJR receives a large amount of briefing, both orally and in writing. This includes briefing on victims and miscarriages of justice. Members of the Miscarriages of Justice Team, in the Better Trials Unit of the OCJR, have received training on how to handle applications for compensation and all other aspects of the work for which they are responsible. Staff working directly with victims of crime undertake training with a trauma counsellor and have regular opportunities to work with victims’ groups and to meet and listen to the experiences of actual victims. The training and personal development requirements of all OCJR staff are reviewed regularly as part of an individual’s performance and appraisal.
Mr. O'Hara: To ask the Secretary of State for the Home Department what (a) complaint and (b) redress procedures exist to deal with concerns relating to resolving issues arising from miscarriage of justice cases. [94418]
Mr. Sutcliffe: People who consider they are the victim of a miscarriage of justice can, if they regard a particular party or body as being responsible, make a complaint in accordance with any established complaints procedure. For example, all police forces have such procedures in place, and the Independent Police Complaints Commission ensures that complaints are dealt with effectively. The IPCC sets standards for the way the police handle complaints and, when something has gone wrong, they help them learn lessons and improve the way they work. In terms of redress, people can lodge an appeal against conviction, and if that is unsuccessful they can, in certain circumstances, apply to the Criminal Cases Review Commission for a reinvestigation of their conviction and possible referral to the Court of Appeal. Compensation in respect of a miscarriage of justice is payable, on application, if the criteria of section 133 of the Criminal Justice Act 1988 are met. It is also open to people to pursue a civil claim in the courts.
Mr. O'Hara: To ask the Secretary of State for the Home Department what expertise and experience is available within his Department regarding (a) the administration of estates, (b) assessing compensation for personal injuries and miscarriages of justice and (c) alternative dispute resolution. [94420]
Mr. Sutcliffe:
Policy responsibility for the administration of estates rests with the Department for Constitutional Affairs (DCA). Officials in the Home Office liaise with officials in the DCA, as necessary. In appropriate cases, advice on the administration of estates could also be
sought from independent counsel. The decision whether a person is eligible for compensation under section 133 of the Criminal Justice Act 1988 is one for the Secretary of State. However, the assessment of the amount of compensation payable under section 133, and in cases within the discretionary scheme for compensation for miscarriages of justice which operated until 19 April 2006, is for the independent assessor. The current assessor is Lord Brennan, QC, who is experienced in the assessment of such claims. Home Office lawyers, the Treasury Solicitor and, as necessary, independent counsel advise Home Office Ministers about alternative dispute resolution.
Mr. O'Hara: To ask the Secretary of State for the Home Department how many (a) head-count and (b) full-time equivalent officials are responsible for work relating to those who have suffered a miscarriage of justice, their relatives and campaigners, broken down by grade. [94422]
Mr. Sutcliffe: The following tables show the current head-count and full-time equivalent officials in the Miscarriages of Justice Team, in the Better Trials Unit of the Office for Criminal Justice Reform, and the Criminal Cases Review Commission, a non-departmental public body sponsored by the Department.
| Criminal Cases Review Commission | ||
| Grade | Head-count | FTE |
| Miscarriages of Justice Team | ||
| Grade | Head-count | FTE |
Mr. O'Hara: To ask the Secretary of State for the Home Department what the (a) size, (b) structure and (c) remit is of the Miscarriages of Justice Team of the Office for Criminal Justice Reform; and how each has changed since its re-branding. [94423]
Mr. Sutcliffe:
The Miscarriages of Justice Team, in the Better Trials Unit of the Office for Criminal Justice Reform, comprises nine staff—one grade 6 who heads the team, three senior executive officers (two of whom are senior caseworkers and the third of whom is responsible for sponsorship issues relating to the Criminal Cases Review Commission), four executive officer caseworkers, and one administrative officer, who provides general support. The team's remit is to consider applications for compensation under section 133 of the Criminal Justice Act 1988 and the remaining applications under the now abolished ex gratia scheme, to undertake the administrative
procedures involved in processing the claims of successful applicants, to consider applications for remission or pardon under the Royal Prerogative of Mercy, to consider requests to refer cases of alleged wrongful conviction to the relevant Court of Appeal in the Channel Islands or Isle of Man, and to sponsor the Criminal Cases Review Commission. The size, structure and remit have not changed since the team was renamed.
Mr. O'Hara: To ask the Secretary of State for the Home Department what support and assistance is given by the Government to (a) those who have suffered a miscarriage of justice as a result of being the victim of criminal conduct and (b) those who have suffered a miscarriage of justice without there being any allegation of criminal conduct causing the miscarriage of justice. [94424]
Mr. Sutcliffe: The Home Office pays compensation, on application, to anyone who has suffered a miscarriage of justice, if they meet the criteria set out in section 133 of the Criminal Justice Act 1988. It also sponsors a project at the Royal Courts of Justice, which is run by the National Association of Citizens’ Advice Bureaux and which provides an advice and assistance service to those who have been released from prison.
Mr. O'Hara: To ask the Secretary of State for the Home Department (1) how many miscarriages of justice there have been in capital cases which have resulted in a payment of compensation in the last 30 years; and in how many such cases claims for compensation are outstanding; [95106]
(2) if he will take steps to ensure that outstanding compensation claims in respect of miscarriages of justice in capital cases are expedited. [95107]
Mr. Sutcliffe: There have been four such cases, one of which remains outstanding. Eligibility under section 133 of the Criminal Justice Act 1988 was confirmed in that case on 6 October 2006. The assessor is currently considering a request for an interim award and the legal personal representative has been asked to make the necessary written submissions so that the assessor may determine the award. As soon as the appropriate submissions are received they will be passed to the assessor for his consideration.
Primary Carer Home Leave
Lynne Jones: To ask the Secretary of State for the Home Department what the evidential basis was for the decision that three nights and four days in every eight week period was the most appropriate period for primary carer home leave. [93753]
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