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.
30 Apr 2008 : Column 510W
| 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:
| 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
|
30 Apr 2008 : Column 512W
|
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
|
30 Apr 2008 : Column 513W
|
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
|
30 Apr 2008 : Column 514W
|
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)
|
