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21 Nov 2006 : Column 45W—continued
Mesothelioma
26. Mary Creagh: To ask the Minister of State, Department for Constitutional Affairs what steps she has taken to ensure that people with mesothelioma are able to claim compensation through the courts. [100539]
Bridget Prentice: The Government have legislated in the Compensation Act 2006 to help claimants suffering from mesothelioma to obtain the compensation to which they are entitled as quickly as possible. A person who has been negligently exposed to asbestos and has contracted mesothelioma, can now recover full compensation from any responsible person. In addition, a fast track process exists for mesothelioma claims in certain courts.
Electoral Administration
27. Mr. Betts: To ask the Minister of State, Department for Constitutional Affairs what performance standards have been set by the Electoral Commission for electoral administration under the Political Parties, Elections and Referendums Act 2000. [100540]
Bridget Prentice: The Act empowers the Electoral Commission to determine and publish performance standards. When it does so, it is required to send the Secretary of State a copy of the published standards. No such published standards have been received to date but we are aware that the Electoral Commission is working on this issue.
28. Ms Diana R. Johnson: To ask the Minister of State, Department for Constitutional Affairs how many eligible voters are estimated to be missing from the electoral register in Kingston upon Hull. [100541]
Bridget Prentice: A comparison between the electoral register in Kingston upon Hull and the local authority's mid-year population estimate for 2005 indicates approximately 10,400 adults who are resident but not on the electoral roll. However, not all these residents will necessarily be eligible to vote as they may not meet the eligibility criteria. For instance, they may not hold a qualifying nationality.
Magistrates
29. Mr. Bailey: To ask the Minister of State, Department for Constitutional Affairs what progress she has made in increasing diversity among magistrates. [100542]
Ms Harman: The proportion of minority ethnic magistrates stood at just over 7 per cent. at the start of 2006. Magistrates under 40 stood at just over 4 per cent. in 2006. There remains a roughly even split on gender. We will continue our efforts to ensure magistrates reflect the diverse communities they serve.
34. Ben Chapman: To ask the Minister of State, Department for Constitutional Affairs if she will make an assessment of the merits of raising the retirement age for magistrates. [100547]
Ms Harman: The magistrates retirement age is set at 70 under the Courts Act 2003. It is our policy to increase judicial diversity and it is particularly important that magistrates, whose great strength is that they are local people delivering local justice, reflect the diverse communities they serve. Nationally, 80 per cent. of magistrates are over 50. We need to recruit substantially more magistrates under the age of 50, and allowing magistrates to sit beyond 70 would work against this important objective.
Office for Legal Complaints
30. Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs what progress has been made with the establishment of the Office for Legal Complaints; and if she will make a statement. [100543]
Bridget Prentice: The Government are looking to introduce the Legal Services Bill in this parliamentary session. Following its successful passage through Parliament, we expect it to take between two and three years to establish both the Legal Services Board and an Office for Legal Complaints.
Coroner Reform Bill
31. Dr. Iddon: To ask the Minister of State, Department for Constitutional Affairs what steps she has taken to consult relatives on the draft Coroner Reform Bill. [100544]
Ms Harman:
As part of our public consultation on the draft Coroners' Bill, on 9 November I met in Parliament with a group of lay people with recent
experience of the coroners' system. In considering specific aspects of the draft legislation, they were able to offer moving and valuable insights, which will improve the draft Bill, and which will ensure that the reform programme focuses even more acutely on the needs of the bereaved. I will publish a report of the event, which Members received an invitation to observe, shortly.
Supreme Court
33. Mr. Mackay: To ask the Minister of State, Department for Constitutional Affairs what progress has been made with the preparation and construction of the proposed courthouse for the Supreme Court. [100546]
Ms Harman: As announced in the written ministerial statement of 17 October 2006, Official Report, columns 45-46WS, by my hon. Friend the Member for Lewisham, East (Bridget Prentice), the Supreme Court Implementation Programme is on target to deliver the Supreme Court at Middlesex Guildhall in time for the start of the legal year in October 2009.
On 7 September 2006 Westminster City Council (WCC) resolved to grant planning and listed building consent. We are currently working with English Heritage and WCC on final legal agreements. We have appointed Kier Group plc as our preferred bidder and we are in commercial discussions with it prior to agreeing the final contract. We expect to reach financial close with Kier Group early next year at which time I shall give another update to the House.
Legal Aid
Dr. Cable: To ask the Minister of State, Department for Constitutional Affairs what account she has taken of the needs of (a) those whose first language is not English and (b) those with mental or physical disabilities when implementing a system of fixed solicitors’ fees as proposed in Lord Carter’s report, “Legal Aid—A market-based approach to reform”. [100478]
Vera Baird: At the time of publication of Lord Carter’s report, the DCA and the Legal Services Commission simultaneously launched a full consultation on his proposals, which concluded on 12 October. This included the publication of a draft regulatory impact assessment, including a racial impact assessment, which can be found on the DCA website. An updated version of this document will shortly be published alongside the Government’s response to the consultation on Lord Carter’s proposals.
The Government are committed to ensuring access to justice irrespective of a client’s race or any disability. Lord Carter’s proposals place quality at the heart of reform and we believe that this is the right course. We will work to ensure that any reforms implemented will not affect the quality of service to clients, including those who do not use English as a first language and those with physical or mental disabilities.
We believe that modernisation of the Legal Aid System is essential and that Lord Carter has provided a
blueprint for how this could be effectively conducted. However, the Government are now considering the views expressed throughout the consultation period and we are looking at all the options available before publishing our response. An announcement on the way forward will be made shortly.
Dr. Cable: To ask the Minister of State, Department for Constitutional Affairs what representations she has received regarding the system of fixed solicitors’ fees proposed in Lord Carter’s report, “Legal Aid—A market-based approach to reform”; and if she will make a statement. [100479]
Vera Baird: At the time of publication of Lord Carter’s report, the DCA and the LSC simultaneously launched a full consultation on his proposals, which concluded on 12 October. As well as this, I attended a number of meetings with practitioners and stakeholders over the summer recess to listen personally to the views of those directly affected by the proposed reforms. The LSC also conducted a number of roadshows throughout the consultation period to gather further views. This dialogue has included a number of representations regarding the introduction of fixed fees for solicitors as proposed by Lord Carter in his final report.
We believe that modernisation of the Legal Aid System is essential and that Lord Carter has provided a blueprint for how this could be effectively conducted. When conducting his review he examined the options that were available for reform and his final proposals reflect what he believed to be the best solution. The Government are now considering the views expressed throughout the consultation period and we are looking at all the options available before making our final policy decision. An announcement on the way forward will be made shortly.
Dr. Cable: To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of alternative proposals for solicitors’ fees following the proposal of a fixed solicitor’s fee in Lord Carter’s report, “Legal Aid—A market-based approach to reform”; and if she will make a statement. [100480]
Vera Baird: At the time of publication of Lord Carter’s report, the DCA and the LSC simultaneously launched a full consultation on his proposals, which concluded on 12 October. In addition, I attended a number of meetings with practitioners and stakeholders over the summer recess to listen personally to the views of those directly affected by the proposed reforms. The LSC also conducted a number of roadshows throughout the consultation period to gather further views to those received in written consultation responses.
We believe that modernisation of the Legal Aid System is essential and that Lord Carter has provided a blueprint for how this could be effectively conducted. However, the Government are now considering the views expressed throughout the consultation period and we are looking at all the options available before making our final policy decision. An announcement on the way forward will be made shortly.
Mr. Burrowes: To ask the Minister of State, Department for Constitutional Affairs if she will break down by main budget heading the estimated annual savings of £35 million following the introduction of the means test in criminal legal aid magistrates' court work; and whether the new system is on target to meet the estimated level of savings. [100767]
Vera Baird: The new means test is projected to deliver £55 million gross savings based on the estimated reduction in applicants who qualify for criminal legal aid representation. The net savings of £35 million reflect the impact of the Early Cover Scheme, additional claims from Central Funds and administration costs. While it is too early to draw firm conclusions, the Government’s initial assessment is that the system is on course to deliver the projected savings.
Mr. Marsden: To ask the Minister of State, Department for Constitutional Affairs what changes are planned to family legal aid following the Carter review; and if she will make a statement. [100915]
Vera Baird: The DCA/Legal Services Commission consultation paper, “Legal Aid: a sustainable future”, set out our proposals for the introduction of graduated fee schemes for solicitors undertaking family legal aid. Consultation closed on 12 October. The Government’s response should be published within the next couple of weeks.
Trade and Industry
Farepak
Ben Chapman: To ask the Secretary of State for Trade and Industry whether the Companies Investigation Branch has been able to establish the number of affected customers of Farepak in (a) the Wirral, (b) Merseyside and (c) the North West. [100783]
Mr. McCartney: The investigation power under which the investigation is being conducted, section 447 of the Companies Act 1985, does not permit the disclosure of information obtained except as provided in the Companies Act (mainly to prosecuting bodies and regulators). The information obtained can also be used to bring proceedings under the Company Directors Disqualification Act 1986.
The administrators may have information about the number of affected customers in the regions referred to.
Ben Chapman: To ask the Secretary of State for Trade and Industry when the Companies Investigation Branch will complete its investigation into Farepak. [100784]
Mr. McCartney: The investigation will be completed as soon as possible consistent with the need to make thorough inquiries into the matters being looked at.
Ben Chapman: To ask the Secretary of State for Trade and Industry what powers the Companies Investigation Branch has to recover moneys paid to Farepak by savers. [100785]
Mr. McCartney: The Companies Investigation Branch has no such powers.
Directors do not enjoy complete immunity from personal liability. Where a company goes into liquidation, rather than administration, and there is evidence of wrongful or fraudulent trading, the liquidator can ask the court to declare that those responsible should make a personal contribution towards the assets of the company.
Mr. Drew: To ask the Secretary of State for Trade and Industry what investigations he has made into the failure of Farepak and the operation of the parent company. [101415]
Mr. McCartney: As my right hon. Friend the Secretary of State, has announced, the Companies Investigation Branch is conducting an investigation into Farepak under section 447 of the Companies Act 1985. The investigation is still in progress.
Culture, Media and Sport
Decibel Penguin Prize
Philip Davies: To ask the Secretary of State for Culture, Media and Sport what funding she plans to allocate to the decibel Penguin prize in each of the next five years. [100967]
Mr. Lammy: For 2006-07 the decibel Penguin prize and anthology has been allocated £8,000 in support from Arts Council England. The Arts Council has committed to working with Penguin on two further volumes but funding allocations for future years have not yet been made.
Gambling
Mr. Sheerman: To ask the Secretary of State for Culture, Media and Sport if she will make a statement on the Government's recent International Summit to discuss decent universal standards for the regulation of online gambling. [100894]
Mr. Caborn: Significant progress was made towards putting in place a road map that will lead to better regulated remote gambling across the world. More than 30 jurisdictions attended and there was wide-spread agreement to co-operate further in a number of key areas to ensure that gambling remains fair, crime free and vulnerable people are protected.
We plan to issue a communiqué, in due course, and follow this up with further international action.
Miss Kirkbride: To ask the Secretary of State for Culture, Media and Sport which individuals have been seconded to the Gambling Commission to assist in preparing the new fee structure for the betting shop operations licence; and from which organisations those individuals came. [101463]
Mr. Caborn: No individual has been seconded to the Gambling Commission to assist in preparing its new licence fee structure for the betting shop operations.
Gender Equality
John Bercow: To ask the Secretary of State for Culture, Media and Sport when she expects to publish her Department’s gender equality scheme. [101483]
Mr. Lammy: My Department will publish its equality scheme, incorporating its gender equality scheme, on 4 December 2006.
John Bercow: To ask the Secretary of State for Culture, Media and Sport what steps she is taking to ensure that private organisations contracted to work (a) in her Department and (b) for non-departmental public bodies and Executive agencies for which her Department is responsible are aware of their duties under gender equality legislation when exercising public functions on behalf of public bodies. [101504]
Mr. Lammy: To assist us in meeting our general gender equality duty obligations where contractors provide goods, works or services on our behalf, we will refer to the Equal Opportunities Commission’s (EOC) Code of Practice of the Gender Equality Duty and any further EOC guidance when available.
John Bercow: To ask the Secretary of State for Culture, Media and Sport what plans she has to carry out gender impact assessments of her Department’s major policy developments and new legislation. [101541]
Mr. Lammy: From April 2007, my Department will carry out gender impact assessments of major policy developments and new legislation in line with the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 (No. 2930). We shall refer to the Equal Opportunities Commission’s (EOC) Code of Practice on the Gender Equality Duty and its specific guidance when available.
John Bercow: To ask the Secretary of State for Culture, Media and Sport what steps she is taking to ensure that (a) her Department and (b) the non-departmental public bodies and Executive agencies for which she is responsible are taking steps to meet the requirements of the forthcoming duty on public bodies (i) to end unlawful discrimination and harassment and (ii) to promote equality between women and men. [101558]
Mr. Lammy: In order to meet the general gender equality duty which will require public authorities to have due regard to the need to eliminate discrimination and harassment and promote equality of opportunity between women and men, my Department will be taking the steps outlined in the Sex Discrimination Act 1975 (Public Authorities)(Statutory Duties) Order 2006 (No. 2930) which should come into force on 6 April 2007.
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