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30 Apr 2008 : Column 508W—continued

The work of Lord Carter’s Review of Prisons has concluded therefore no ongoing financial or contractual arrangements exist.

(b) Review of the Funding of Political Parties

All figures are inclusive of VAT.

These invoices include work carried out by Euro RSCG Apex Communications for both the Review of the Funding of Political Parties and the Inter-Party Talks on Party Funding. Both of the reviews have concluded so there are no ongoing financial or contractual arrangements.

Courts: Religion

Mr. Gordon Prentice: To ask the Secretary of State for Justice what consideration he has given to proposals that religious court should be allowed to arbitrate on some family and matrimonial disputes; and if he will make a statement. [202016]

Bridget Prentice: The United Kingdom does not accommodate religious legal systems as such in this country's laws and there is no intention to change this. Under section 10A of the Matrimonial Causes Act 1973, as amended by the Divorce (Religious Marriages) Act 2002, a court may refuse a decree absolute of divorce to parties who have not given their spouses a religious divorce although it does not allow recognition of the religious divorce. Currently, this provision only applies to members of the Jewish faith. However, it is
30 Apr 2008 : Column 509W
open to any prescribed religious group to apply to the Lord Chancellor for recognition under this law should it wish to do so.

In Muslim family disputes, the parties may choose to have their financial affairs and decisions about their children decided by a Sharia Council. If the parties wish to have that decision recognised by English authorities, they are at liberty to draft a consent order embodying the terms of the agreement and submit it to an English or Welsh court. This allows it to be scrutinised by an English or Welsh judge to ensure that it complies with English legal tenets. If the decision is made into a court order the English and Welsh courts can enforce it.

Any member of any community has the right to refer to an English court at any point, particularly in the event that they feel pressured or coerced to resolve an issue in a way with which they feel uncomfortable.

Custodial Treatment: Young People

Jenny Willott: To ask the Secretary of State for Justice how many (a) juvenile and (b) young adult offenders were placed in custody for a breach of a community order in each of the last five years; and if he will make a statement. [199960]

Mr. Hanson: The following table gives the numbers of juveniles (aged under 18) and young adults (aged 18 to 20) received into all prison establishments in England and Wales for breach of all community sentences between 2002 and 2006, the latest year for which figures are available:

Under 18s Age 18-20

2002

187

428

2003

242

555

2004

365

621

2005

404

695

2006

448

911


It is not possible to separately identify those received into prison for breach of a specific community sentence such as a community order.

Since 2001-02 the National Probation Service has achieved marked improvements in enforcement. The target is to take breach action within 10 working days of a second unacceptable failure to comply with an order (or third unacceptable failure to comply with a licence) in 90 per cent. of cases. The improvements are shown in the table as follows:

Enforcement (target = 90 per cent.)
Community Orders Licences Total

2001-02

52

58

53

2002-03

64

63

64

2003-04

77

79

77

2004-05

87

85

87

2005-06

91

93

91

2006-07

92

94

92

2007-08 (April to December)

94

96

94


Over the same period, compliance levels have also increased (where compliance is defined as the proportion of orders and licences reaching the six months stage without requiring breach action), as shown.


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Compliance
Community Orders Licences Total

2001-02

55

87

60

2002-03

55

88

62

2003-04

56

89

62

2004-05

59

92

66

2005-06

65

92

70

2006-07

67

91

72

2007-08 (April to December)

67

91

71


These figures have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

Cycling

Rob Marris: To ask the Secretary of State for Justice whether (a) his Department and (b) his Department’s non-departmental public bodies provide (i) tax-free benefits and (ii) other allowances for their staff to purchase bicycles under the Cycle to Work Scheme; and if he will make a statement. [197002]

Mr. Wills: The Ministry is currently implementing a salary sacrifice Cycle to Work scheme for its employees. This scheme supports employees in taking greener journeys, by enabling employers to loan a cycle to an employee, for an agreed period. The Ministry also offers other tax free benefits in kind to encourage green commuting, namely access to an advance of salary up to £500 for the purchase of a bicycle and safety equipment. The same tax rules apply to benefits in kind provided to employees of Government Departments as to any other employee. Prison Service/NOMS currently does not offer a Cycle to Work Scheme.

The Ministry’s non-departmental public bodies have the authority to determine their own Cycle to Work schemes. The Legal Services Commission is planning to implement the scheme and this is also under consideration by the Office of the Information Commissioner. Advances for the purchase of a bicycle are offered by the Criminal Cases Review Commission, Criminal Injuries Compensation Authority and the Legal Services Commission.

Dangerous Driving

Hugh Bayley: To ask the Secretary of State for Justice what consideration he has given to bringing forward proposals to (a) make causing serious injury an aggravating factor when sentencing for persons convicted of dangerous driving, (b) introduce a new offence of causing serious injury by dangerous driving and (c) increase the maximum sentence for persons convicted of dangerous driving; and if he will make a statement. [202239]

Maria Eagle: The Sentencing Guidelines Council guideline on seriousness deals with aggravating factors to be taken into account when sentencing generally. It includes among the factors indicating a more than usually serious degree of harm ‘an especially serious physical or psychological effect on the victim, even if unintended’.


30 Apr 2008 : Column 511W

Following the comprehensive “Review of Road Traffic Offences involving Bad Driving” undertaken jointly by the Home Office and Department for Transport we introduced a range of measures including an increase in penalties for careless driving and new offences of causing death by careless driving or driving while disqualified, unlicensed or uninsured in the Road Safety Act 2006. These changes follow on from the increases in penalties for causing death by dangerous driving, causing death by careless driving under the influence of drink or drugs, and causing death through aggravated vehicle-taking, in the Criminal Justice Act 2003. These changes take account of the special place that offences causing death have in the criminal law.

While we appreciate that in other cases bad driving can have tragic consequences we do not think separate offences are appropriate. This is a particularly difficult area of law as the consequences of the offender’s action are often wholly disproportionate to his culpability. We have no plans to increase the penalty for dangerous driving or for a further review at this time.

Departmental Public Participation

Stewart Hosie: To ask the Secretary of State for Justice how many public consultations were held by his Department and its predecessor in each of the last three years; and how many respondents took part in each consultation. [198631]

Bridget Prentice: The information requested is in the following table:


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30 Apr 2008 : Column 513W

30 Apr 2008 : Column 514W
Title of consultation Number of respondents

Department for Constitutional Affairs

2005 (30 consultations published)

Child Trust Fund Tax Appeals—The General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005

(1)7

Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005

(2)5

Armed Forces pensions appeals

(3)15

Jury Research and Impropriety

41

Asylum and Immigration Tribunal—Fast Track Procedure Rules

6

A Single Civil Court?

131

Reform of Section 703 Tax Tribunal Appeal Routes

8

Changes to the Pensions Appeal Tribunal Rules 1980: Appeals to the Social Security Commissioners

(4)13

Requirements for imprints on election material—alterations to be made to

8

Political Parties, Elections and Referendums Act 2000

Care Standards Tribunal (CST): Lord Chancellor's Direction bringing cases before the Protection of Children Act Tribunal (POC AT) into the Scope of Civil Legal Aid.

2

Administration of Estates—Review of the Statutory Legacy

33

European Small Claims Procedure

21

Barnet Family Pilot

15

Telephone hearings in civil proceedings

34

Dyfed Powys local bench merger

24

West Mercia/Shropshire local bench merger

55

Wetherby court closure

15

EU divorce green paper

9

Civil partnerships—changes to procedures

10

Proposed changes to civil appeal rules

27

Proposed changes to the Representation of the People Regulations

85

Justices' Clerks: delegation of powers

75

Civil and Family Court Fee Increases

49

Gravesend Court Closure

16

Focusing Judicial Resources Appropriately

156

Authorisations to sit in family proceedings courts, and youth courts

299

Specialisation of family magistrates

291

CORE: the implementation of national access arrangements

118

Alteration of the Local Justice Areas of Chorley, Ormskirk and South Ribble

68

Parliamentary Costs Acts—proposed consolidation

2

2006 (28 consultations published)

Lasting powers of attorney—forms and guidance Mental Capacity Act

118

Civil Procedure Rules Section 36

61

Lands Tribunal (Amendment) Rules 2006

4

Inquiries Act rules

48

Mental Capacity Act Code of Practice

161

Criminal Defence Service Regulations

11

Gwent local justice area merger

10

A Model for the Provision of Justices' Clerks

212

Data Protection Act s60

63

Court of Protection Rules: Mental Capacity Act 1995

39

Openness in the Family Courts—Confidence and Confidentiality

(5)245

Compensation (Claims Management Services) Regulations 2006 and the Regulatory Rules—Compensation Bill

60

Legal Aid: a sustainable future (joint consultation with Legal Services Commission)

2372

Asylum and Immigration Tribunal Procedure Rules

8

Return to Practice by Former Salaried Judges

26

London Region Family Courts Centres

62

Judges' power to dismiss representatives in very high cost cases

13

Compensation Act 2006: authorisation application form and fee levels

12

Family Procedure Rules

45

Separate Representation of Children

95

The Gambling Appeals Tribunal draft rules 2007

10

Compensation Act 2006: exemptions from the requirement for authorisation: and trade union code of practice

61

Mental Capacity Act 2005: Court of Protection and Office of the Public Guardian Fees

65

Claims Management Services Tribunal

3

Local Land Charges

177

Court of Protection: Legal Aid funding

10

FOI fees increase

324

Prisoners' voting rights

88

2007 (36 consultations published)

Local Justice Area merger South Somerset and Mendip

30

Bailiff regulation Regulatory Impact Assessment

438

Value Added Tax and Duties Tribunal—Amending Rules

6

Professional Indemnity Insurance—Claims Management Regulation

32

Civil Court Fees

77

Part 46 Civil Procedure Rules—Fast Track Trial Costs

34

Cost Recovery in Pro Bono Assisted Cases

20

Case track limits and the claims process for personal injury claims

271

Damages

102

Ministry of Justice consultations 9 May 2007 onwards

Openness in the Family Courts—a new approach

112

Cremation Regulations

73

Referral to coroners

74

Quality Assurance Scheme for publicly funded criminal defence advocates

22

Review of Part 6 of the Civil Procedure Rules: Service of documents

60

Network Access Agreements—Appeal Rules for Adjudicator to Land Registry

11

Conditional Fee Agreements—Fixed Recoverable Success Fees in publication proceedings

20

Fees for the Marked Register of Electors produced at UK elections

97

Regulation of Claims Management Services—consultation on fee levels 2008-09

7

Charity Tribunal Draft Rules 2007

23

Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001

11

Changes to the Penalty Notice for Disorder (PND) Scheme—de-prescribing the penalty notice form

21

The debt claim process: helping people in debt to engage with the problem

25

General Commissioners of Income Tax

4

Judicial Appointments: the Executive, Legislature and Judiciary

34

War-making powers and international treaties

26

Freedom of Information Act 2000: Designation of additional public authorities

135

Consumer Credit Appeals Tribunal

48

Asylum and Immigration Tribunal Rules

14

NOMS Strategic Plan on Reducing Re-offending

76

NOMS 3rd sector action plan

52

NOMS: Believing We Can

76

Transforming Tribunals

138

Forced Marriage—Third Party Applicants

53

Public law family fees

111

MoJ Third Sector Strategy

49

Improving the Criminal Trial Process for Young Witnesses (OCJR)

58

2008 consultations published up to Thursday 10 April 2008

Administration Orders and Enforcement Restriction Orders—setting the parameters

c46

Forced Marriage Act—court procedure rules

(6—)

Tribunals, Courts and Enforcement Act: Eligibility for Judicial Appointment

(7)

Enhancing procedural rights and judicial co-operation in the EU

c7

Rome I

(8—)

Best Value in Probation

(9)

Office for Criminal Justice Reform (OCJR) and National Offender Management Service (NOMS) consultations published 1 January 2005—8 May 2007

2005

Victims' Code of Practice (OCJR)

101

Restructuring Probation to Reduce Reoffending (NOMS)

748

The Witness Charter: new standards of care for witnesses in the CJS (OCJR)

86

Rebuilding Lives—supporting victims of crime (OCJR)

191

2006

Convicting Rapists and Protecting Victims—Justice for Victims of Rape (OCJR)

94

Quashing Convictions (OCJR)

33

Making sentencing clearer (NOMS)

82

(1) CPL) 01/05 Child Trust Fund Tax Appeals Regulations 2005 (The General Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005)— copies of the consultation paper were sent to seven consultees initially. No comments were received about the detail of the Regulations, and no substantive changes were made to the regulations following the consultation exercise.
(2) CP(L) 02/05 Special Commissioners Regulations 2005 (The Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005)—copies of the consultation paper were sent to five consultees initially. No comments were received about the detail of the Regulations, and no substantive changes were made to the regulations following the consultation exercise;
(3) CP(L) 03/05 Armed forces pensions appeals (The Social Security Commissioners (Procedure) (Amendment) Regulations 2005)—copies of the consultation paper were sent to fifteen consultees initially. Minor technical amendments were made to reflect comments from the Chief Social Security Commissioner for Great Britain and the Legal Adviser to the Joint Committee on Statutory Instruments. As these regulations were subject to the affirmative Parliamentary procedure, they were debated in Parliament following the consultation exercise.
(4 )CP(L) 08/05 Pension Appeal Tribunal Rules 1980: Appeals to the Social Security Commissioners (The Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2005)—copies of the consultation paper were sent to thirteen consultees initially. Some amendments were made to reflect comments from the Pensions Appeal Tribunal and the Social Security Commissioners.
(5 )Plus c200 responses from children and young people.
(6) Ongoing consultation (ends 24/4).
(7) Ongoing consultation (ends 29/4).
(8 )Ongoing consultation (ends 25/6).
(9) Ongoing consultation (ends 2/7)

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