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29 Apr 2008 : Column 386W—continued
Legal Aid
20. Gordon Banks: To ask the Secretary of State for Justice what progress he has made on reform of legal aid. [202064]
Bridget Prentice: Our reform programme, set out in “Legal Aid Reform: the Way Ahead” (Cm 6993) in November 2006, designed to deliver a sustainable system of legal aid, is on track. The Legal Services Commission (LSC) has successfully delivered the first phase of reform, and has introduced new fixed and graduated fees covering most areas of civil, family and criminal legal aid. Together with the Legal Services Commission, we are considering arrangements for the second phase of reform. The next phase of reform for civil legal aid is set out in the civil route map published on 10 April 2008. The Legal Services Commission is also considering responses to its consultation on best value tendering.
Youth Justice
22. James Brokenshire: To ask the Secretary of State for Justice what recent discussions he has had with ministerial colleagues on the priorities of the Youth Justice Unit and other youth justice initiatives. [202067]
Mr. Hanson: Since the creation of the Joint Youth Justice Unit in November 2007, I have had a number of meetings with my right hon. Friend the Member for Normanton (Ed Balls) to discuss youth justice. Our respective Ministers of State also meet one another regularly to discuss these matters. There are also regular meetings between Ministers and the Youth Justice Board to monitor performance and discuss topical issues.
Belmarsh Prison
Mr. Hands: To ask the Secretary of State for Justice (1) whether there is a regime at HMP Belmarsh whereby prisoners are granted access to amenities in recognition of good conduct; [201632]
(2) what amenities are available for use by prisoners at HMP Belmarsh. [201633]
Maria Eagle: In common with all other prisons, HMP Belmarsh provides an Incentive and Earned Privileges Scheme (IEP) enabling prisoners to earn additional privileges in recognition of good conduct and compliance with individual sentence planning targets.
Prisoners have access to a range of amenities. These include education facilities, workshops, the gymnasium, the chapel and chapel groups, pool tables, board games, and in-cell television. Prisoners are also able to purchase a range of items for personal use. Under prison rules all prisoners are entitled to receive social visits and to communicate with friends and family either by writing or by telephone.
Departmental Pensions
Danny Alexander: To ask the Secretary of State for Justice (1) what his most recent estimate is of the unfunded liability in present value terms of each public sector pension scheme for which his Department is responsible; and on what assumptions for (a) discount and (b) longevity the estimate is based; [200681]
(2) what the unfunded liability in present value terms was of each public sector pension scheme for which his Department is responsible in each year since 1990-91; [200682]
(3) what the (a) rate and (b) cost was of employer contributions for each public sector pension scheme for which his Department has responsibility in each year since 1990-91; and if he will make a statement. [200683]
Bridget Prentice: For the vast majority of staff, information since 2000-01 is contained in the resource accounts for the Principal Civil Service Pension Scheme (PCSPS). These have been produced under differing sets of assumptions (e.g. on longevity) so are not comparable across years. Full details can be found on the civil service pensions website at:
Additionally, as a result of the creation of Her Majesty’s Courts Service in April 2005, this Department became responsible for staff previously employed by 42 magistrates courts committees (MCCs). With the exception of the Greater London Magistrates Courts Authority who were also part of the civil service pension scheme, each of the remaining
41 areas were members of a Local Government Pension Scheme. The Department took responsibility for all pension liabilities at that time which were estimated to be £268 million. This was reflected in the departmental accounts as a provision. The true value of this provision will only be known when all the returns are received from the Local Government Pension Funds. When that figure becomes clearer, HM Treasury will need to determine the discount rate to be applied.
This Department is also responsible for the administration of the pension scheme for the judiciary. Information since 2003-04 is contained in the resource accounts for the Judicial Pension Scheme. Copies of the resource accounts can be found on the Department’s website.
Probation boards participate in the Local Government Pension Scheme (LGPS), administered by various bodies. The MOJ is not responsible for the LGPS. Details of liabilities and contribution rates relevant to probation boards can be found in the annual accounts of the national probation service.
The Legal Services Commission operates two pension schemes providing benefits based on final pensionable salary. The assets are held separately from those of the Commission and the Trustees set contributions having taken advice from the Scheme Actuary. Details can be found in the Commission’s annual report.
Danny Alexander: To ask the Secretary of State for Justice (1) what the effect on his Department’s expenditure would be from increasing the employee contribution to each pension scheme for which his Department is responsible by 1 per cent.; and if he will make a statement; [200684]
(2) what the cash equivalent transfer value is of the public sector pensions of the 10 highest paid members of staff in his Department and its Executive agencies; and if he will make a statement. [200685]
Bridget Prentice: Under the Principal Civil Service Pension Scheme, increasing the employee contributions will have no impact on the Department’s expenditure. There is no direct link between the employee and the Department’s contributions so the cost would fall only to the member of staff.
The majority of the information about the value of pensions for the highest paid members of staff is contained in the Remuneration Report which is part of the Department’s accounts.
No formal estimates have been made of any effect of a change in the member’s contribution under the Judicial Pension Scheme.
Probation boards participate in the Local Government Pension Scheme (LGPS), administered by various bodies. The MOJ is not responsible for the LGPS. Details of liabilities and contribution rates relevant to probation boards can be found in the annual accounts of the national probation service.
The Legal Services Commission operates two pension schemes providing benefits based on final pensionable salary. The assets are held separately from those of the Commission and the Trustees set
contributions having taken advice from the Scheme Actuary. Details can be found in the Commission’s annual report.
Domestic Violence: Prosecutions
Fiona Mactaggart: To ask the Secretary of State for Justice (1) how many prosecutions for offences relating to domestic violence there were in each year since 2003; [201486]
(2) what proportion of prosecutions for offences connected to domestic violence resulted in conviction in each year since 2003. [201487]
Maria Eagle: The data held centrally by my Department on the court proceedings database do not contain information about the circumstances behind each case other than the information that may be gleaned from the offence itself. As a result offences involving an element of domestic violence cannot be identified.
Electronic Government
Mr. Weir: To ask the Secretary of State for Justice whether mechanisms are in place to monitor the extent to which his Department’s (a) internal and (b) external (i) correspondence and (ii) distribution of publications is carried out electronically. [199186]
Maria Eagle: The Department does not have any mechanisms to undertake monitoring of the extent of electronic correspondence (internal or external) or publication distribution. However, the Department and its agencies are taking steps to reduce paper usage by encouraging the take-up of electronic channels, formats and technology wherever possible.
Limitation of Actions
Harry Cohen: To ask the Secretary of State for Justice pursuant to the answer of 18 February 2008, Official Report, column 186W, on A v. Hoare, what progress has been made by the Government in their consideration of the implications of the ruling for civil claims. [201962]
Bridget Prentice: Following the decision of the House of Lords in A v. Hoare and a number of other cases, the limitation period for actions involving trespass to the person has been brought into line with that for other actions for personal injury, namely three years from when the injury occurred or the date on which the victim knows that he or she has good grounds to sue the defendant for the injury caused, whichever is the later. The court has a discretion to extend this period without limit in appropriate cases.
The decision addresses a significant criticism of the law of limitation made by the Law Commission in their 2001 report Limitation of Actions (Law Com 270). This report recommended a general overhaul of current legislation contained in the Limitation Act 1980. The Government accepted the Law Commission’s recommendations in principle, subject to further work in certain areas, in July 2002. This detailed examination of the impact has revealed several issues that need to be resolved. The Government will make a further announcement about the way forward when this work is complete.
Miscarriages of Justice: Compensation
David Tredinnick: To ask the Secretary of State for Justice what provision there is for appeal against refusal of compensation for wrongful conviction, following the abolition of the discretionary scheme in November 2006. [202658]
Maria Eagle: Applicants who are refused eligibility for compensation under section 133 of the Criminal Justice Act 1988 may make written representations to the Secretary of State if they believe that he did not take into account evidence which they had provided when reaching his decision to refuse their application, or if they have fresh evidence. Alternatively it is always open to the applicant to seek leave to judicially review the decision.
Office of the Public Guardian: Powers of Attorney
Mr. Boswell: To ask the Secretary of State for Justice what information he has on the time taken to administer the registration of lasting powers of attorney by the Public Guardian Office (PGO); and what steps are being taken to improve the performance of the PGO in this respect. [201243]
Bridget Prentice: The Mental Capacity Act 2005 was fully implemented on 1 October 2007. It also introduced new lasting powers of attorney (LPAs) to enable people to appoint someone to make decisions on their behalf in relation to their property and affairs and/or their health and welfare.
In addition, enduring powers of attorney (EPAs) made prior to October 2007 remain valid.
All LPAs must be registered with the Office of the Public Guardian (OPG) before they can be used. EPAs only need to be registered with the OPG once the person to whom they relate has lost capacity.
The total number of applications to register both types of power of attorney since the new legislation came into force in October has greatly exceeded forecasts. The last three months in particular have seen volumes again increase even more sharply. This has put a strain on resources and led to delays.
It is currently taking staff around six weeks to process and check LPAs to ensure they are valid before other parties can be notified that an application has been made. Applications then enter a statutory waiting period of 42 days during which objections can be made against the application. This is an important safeguard to allow any concerns about the power to be aired. Where no objections are received, staff are registering the power and notifying the applicant within another week.
Steps have been taken to address the delays in this process which exist mainly at the point where applications are received and checked:
Additional staff are being taken on at all levels to deal with processing the higher than expected volumes.
Some staff have already been taken on temporarily in some of the more process-driven areas to increase capacity quickly.
Other staff are currently undergoing training to ensure they can carry out their new roles effectively.
Procuring additional IT equipment to increase the team’s capacity to scan and check applications at the front end. The additional equipment has been ordered and is awaiting installation.
As a result of these steps, I expect the OPG to have reached a point where it has reduced the front-end period spent processing and checking applications to two weeks in June. This would be in line with the level of service that we aim to offer our customers and which is tracked as a corporate target as one of the OPG’s key performance indicators.
Open Prisons: Employment
Dr. Vis: To ask the Secretary of State for Justice whether prisoners in open prisons employed by outside companies are subject to prison rules. [201707]
Mr. Hanson: Prisoners that undertake work placements under the supervision of outside companies are subject at all times to prison rules. Placements are supported by memoranda of understanding agreed between the prison, the prisoner and the employer setting out the terms of the arrangement.
Prisoners Release
Mr. Swayne: To ask the Secretary of State for Justice how many prisoners have been released in April 2008 as a result of early release schemes. [202060]
Mr. Hanson: The latest available information relates to February, when there were about 2,500 releases on end of custody licence, 1,000 releases under home detention curfew and 50 prisoners removed from the country under the Early Removal scheme. About 150 prisoners were released on parole.
Prisoners: Children in Care
Mr. Laws: To ask the Secretary of State for Justice what proportion of the prison population was in local authority care at some point when under the age of 16 years at the latest date for which figures are available. [201200]
Mr. Hanson: Information on the total number of prisoners in all prison establishments in England and Wales who were in local authority care at some point when under the age of 16 is not centrally available.
However, a Social Exclusion Unit report “Reducing re-offending by ex-prisoners” published in 2002 reported that 27 per cent. of the prison population had been taken into care as a child against an average across the general population of 2 per cent.
Prisoners: Females
Dr. Vis: To ask the Secretary of State for Justice how many incidents of self-mutilation by women were recorded in each prison in the last five years. [201713]
Maria Eagle: The Prison Service does not use the term ‘self-mutilation’.
The following table includes all incidents of self-harm by girls and women in any prisons that held them in the period in question. It should be noted that the
numbers refer to incidents not people (a number of individuals self-harm on more than one occasion and account for a disproportionate ,number of incidents), and do not reflect the severity of incidents, i.e. include all incidents no matter how minor the self-harm as well as noose/ligature making (even where no injury occurred).
| Self-harm incidents( 1) | |||||
| Prison | 2003 | 2004 | 2005 | 2006 | 2007 |
| (1) The numbers of self harm incidents reported here are based on information supplied by prisons through the Prison Service Incident Reporting System (IRS). Self-harm is a high volume incident and is subject to technical and recording problems. Nevertheless, the system provides a sensible indication of the scale of self-harm but the numbers should not be treated as absolute. These figures may differ from previously published figures as some incidents are retrospectively added to IRS. (2) Prison re-rolled from female to male. (3) Prison was not open yet. | |||||
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