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23 Jun 2008 : Column 55W—continued
Royal College of Nursing (RCN)
Unite (includes TGWU/Amicus)
Union of Construction, Allied Trades and Technicians (UCATT)
Driving Under Influence: Drugs
Kerry McCarthy: To ask the Secretary of State for Justice how many prosecutions for driving under the influence of drugs have related to the use of khat in the last five years. [212030]
Maria Eagle: The Court Proceedings Database held by my Department holds data on both drink and drug driving offences. However, prosecutions for these offences separately cannot be accurately established and from the data held the type of drug cannot be identified.
Fines: Surcharges
Mr. Malins: To ask the Secretary of State for Justice how much was imposed on convicted offenders in magistrates courts in the county of Surrey in respect of the victim's surcharge since its inception; how much of this sum has been collected; and what awards from the Victim's Surcharge Fund have been made in Surrey, broken down by recipient. [213255]
Maria Eagle: This information is not available in the exact form requested, we will collect relevant information and write to the hon. Member as soon as possible.
Hollesley Bay Prison: Training
Mr. Gummer: To ask the Secretary of State for Justice if he will assess the adequacy of the systems in place at Hollesley Bay Prison intended to prevent those on training schemes from (a) accessing drugs and alcohol and (b) using their work time for social activities. [209875]
Maria Eagle: Adequate systems are in place at Hollesley Bay Prison to prevent those on training schemes from accessing drugs and alcohol and using their work time for social activities. The prison has searching systems, measures to detect alcohol and drugs and undertakes random site checks. It maintains close communications with employers and the Suffolk constabulary.
Prisoners who work in the leisure and hotel industry are occasionally permitted to use facilities on site. Such activities should not interfere with their need to deliver a full day’s work to the satisfaction of their employer.
Absconds are at their lowest level for 10 years. Despite this fact it is inevitable that there will be temporary release failures and absconds. Open prisons have a range of options for dealing with absconds and license failures from loss of privileges and further release opportunities through to returning prisoners to closed conditions and prosecution by the police.
Judges: Disqualification
Mark Pritchard: To ask the Secretary of State for Justice how many judges have been removed from the bench following an investigation by the Office for Judicial Complaints since April 2006. [212169]
Mr. Straw:
The Office for Judicial Complaints has responsibility for managing the procedures that enable the Lord Chancellor and the Lord Chief Justice to reach decisions to remove judicial office holders. That term comprises magistrates, coroners, and fee paid and
full-time judiciary who sit in the tribunals, the Crown and county courts and above. Since April 2006 to date, 37 judicial office holders have been removed from office following investigations carried out in accordance with the Judicial Discipline (Prescribed Procedures) Regulations 2006, the Judicial Complaints (Tribunals) Rules 2006 and the Judicial Complaints (Magistrates) Rules 2006. Information about judicial disciplinary decisions is published in the Office for Judicial Complaints' annual report which can be accessed on:
Mental Capacity Act 2005
Mr. Amess: To ask the Secretary of State for Justice what (a) statutory instruments, (b) departmental circulars and (c) other documents he (i) has issued since October 2007 and (ii) plans to issue in the next 12 months consequential to the provisions of the Mental Capacity Act 2005; and if he will make a statement. [212359]
Bridget Prentice: Since October 2007 the Lord Chancellor has laid the Mental Capacity Act 2005: Deprivation of liberty safeguards—Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice before Parliament in draft on 13 June 2008. This relates to the deprivation of liberty provisions introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007.
Two pieces of secondary legislation have also been laid before Parliament by my right hon. Friend the
Secretary of State for Health (Alan Johnson) in relation to the deprivation of liberty provisions:
The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 were laid before Parliament in draft on 20 May 2008 to be approved by resolution of each House of Parliament.
SI 2008 No. 1315, The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 was laid before Parliament on 20 May 2008 and is subject to the negative resolution procedure.
The OPG continues to publish a range of forms, guidance and other information to support the Mental Capacity Act 2005 and has amended those forms and guidance as necessary since October 2007. The following table provides a summary of the current forms, guidance and newsletters produced by the Office of the Public Guardian to support the implementation of the Mental Capacity Act 2005. The summary indicates where amendments to the forms or guidance have been made since October 2007.
The Office of the Public Guardian's Annual Report and Accounts October 2007 to March 2008 (including the Public Guardian's report as required by Section 60 of the Mental Capacity Act 2005) is due to be published prior to the summer recess.
The Office of the Public Guardian plans to review the operation of the Mental Capacity Act 2005 later this year. As a result of this formal evaluation and other business improvement initiatives, further secondary legislation, information or guidance may be prepared and brought forward.
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