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14 July 2008 : Column 62W—continued


Information Commissioner

Mr. Dai Davies: To ask the Secretary of State for Justice pursuant to the Answer of 30 June 2008, Official Report, columns 683-84W, on the Information Commissioner, what steps he is taking to assist the Information Commissioner’s Office (ICO) to speed up the processing of its caseload; and what consideration he has given to providing additional resources to the ICO. [217112]


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Mr. Wills: The Information Commissioner’s Office (ICO) is an independent body created by statute. Its responsibilities include handling complaints made under the Data Protection Act 1998, Freedom of Information Act 2000, Privacy and Electronic Communications Regulations 2003 and Environmental Information Regulations 2004.

The ICO’s freedom of information work is funded by grant in aid paid through my department. Separately, the ICO’s data protection work is funded by the notification fees it receives when data controllers register with the ICO and which the Office is allowed to retain with the Treasury’s agreement. Within this funding framework, as an independent office, the ICO has autonomy to decide how to allocate resources to discharge its statutory responsibilities.

The Government are committed fully to both freedom of information and data protection. My Department and the ICO regularly review the resources available to his office and as part of that dialogue my Department provides constructive challenge to ensure that the ICO delivers maximum efficiency and secures the best value from the public money allocated for its statutory responsibilities.

In each of the last four financial years, my Department has given the ICO additional funding for his freedom of information work. This year the additional funding represented a 10 per cent. increase on his baseline.

In addition, the Ministry of Justice has promoted a secondment scheme to assist the ICO in tackling the outstanding backlog of freedom of information cases. Under the scheme secondees from central Government Departments, paid for by their Departments, will work at the ICO to assist with clearing the backlog. This was in response to the Commissioner’s request for staffing as well as funding.

My Department is also in discussion with the ICO about funding for its data protection responsibilities. Government have agreed to consider new powers for the ICO for data protection inspections and that the fee arrangements should be reviewed to ensure that new powers are accompanied by funding to support the exercise of these powers.

Michael Shields

Mrs. Ellman: To ask the Secretary of State for Justice what decision he has reached on the determination of his jurisdiction in the case of Michael Shields; and if he will make a statement. [217648]

Mr. Straw: I have held a number of meetings with my hon. Friend and other supporters of Michael Shields, most recently on 3 July 2008. I expect to write to Mr. Shields’ legal team shortly on the issue my hon. Friend has raised and I will, of course, copy her in my letter.

National Identity: Public Participation

Mr. Maude: To ask the Secretary of State for Justice what plans there are to use citizens’ juries or citizens’ panels to discuss the Government’s policy on Britishness. [217366]


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Mr. Wills: We are planning a wide-ranging engagement process for the British Statement of Values to enable as many people as possible to participate in the debate. This will involve a series of deliberative style events, which could include citizens’ juries or citizens’ panels. We expect to make an announcement about the way ahead before the summer recess.

The Government have recently published a discussion document “A national framework for greater citizen engagement” that sets out proposals for greater use of deliberative engagement techniques in national policy making-including citizens’ juries.

Offensive Weapons

Mr. Jeremy Browne: To ask the Secretary of State for Justice how many and what percentage of people convicted of encouraging violent behaviour involving the use of a knife under the Knives Act 1997 have been (a) female and (b) male. [217113]

Mr. Straw: Data from the Court Proceedings Database held by the Office for Criminal Justice Reform show that there were no convictions for 2006 for this offence.

These data are on the principal offence basis. The figure provided relates to persons for whom these offences were the principal offence for which they were dealt with. When a defendant has been found guilty of two or more offences, the offence selected is the one for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

Court proceedings data for 2007 will be available in the autumn of 2008.

Offensive Weapons: Sentencing

Mr. Clappison: To ask the Secretary of State for Justice what plans he has to amend the sentencing guidelines for magistrates courts for offences of possession of an offensive weapon due to commence on 4th August 2008. [217570]

Mr. Straw: The revised Magistrates Courts Sentencing Guidelines are the responsibility of the independent Sentencing Guidelines Council, operating within the sentencing framework laid down by Parliament. The Court of Appeal, which has a crucial role in interpreting the law—has recently made clear—Sir Igor Judge’s judgment in the case of R v. Povey and others—that possession of a knife is “a serious offence and it should be treated with the seriousness it deserves”. The guidelines give ample scope for the courts to do this.

The Government’s concerns about knife crime are reflected in the fact that last year we doubled the maximum sentence for possession of a knife to four years. In addition, my right hon. Friend the Prime Minister announced on 5 June an end to cautions for knife possession—replacing it with a presumption to prosecute. Anyone over the age of 16 caught in possession of a knife can expect to be prosecuted on the first offence rather than cautioned.


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Recovery of Costs

Mr. O'Hara: To ask the Secretary of State for Justice what guidance he issues to the judiciary on the amount of costs that can be recovered by a litigant from an opponent ordered to pay costs in litigation. [217292]

Bridget Prentice: My right hon. Friend the Secretary of State for Justice and Lord Chancellor does not issue guidance to the judiciary on the amount of costs that can be recovered by a litigant from an opponent ordered to pay costs in litigation.

Business, Enterprise and Regulatory Reform

Carbon Sequestration

Jon Trickett: To ask the Secretary of State for Business, Enterprise and Regulatory Reform what recent assessment he has made of developments in carbon capture and storage technology. [218477]

Malcolm Wicks: The Department keeps developments in carbon capture and storage (CCS) under close review, taking account of research and development in the UK and globally (including through links with the International Energy Agency). In addition, the Government support research and development, and demonstration, of CCS technologies through my Department, the Engineering and Physical Sciences Research Council and the Technology Strategy Board. The Energy Technologies Institute has also identified CCS as a priority area for research.

Jon Trickett: To ask the Secretary of State for Business, Enterprise and Regulatory Reform what estimate he has made of the number of jobs which would be created by development and implementation of carbon capture and storage technology in the UK; and what assessment he has made of the likely effects on coalfield areas of such developments. [218478]

Malcolm Wicks: The development of the carbon capture and storage industry is still in its very early stages and therefore it is difficult to estimate the number of jobs that would be created. However, if carbon capture and storage technologies achieve their potential, there will be a global market worth billions of pounds where UK-based firms will be well placed given the UK’s leading position on CCS.

As the EU emissions trading scheme cap on CO2 emissions tightens, power generators will increasingly need to find ways of producing electricity with lower emissions. The successful development of CCS technologies could enable coal-fired power stations to play a greater part in our future energy mix than might otherwise have been the case. UK coalfields could benefit from this ongoing demand for coal; the majority of their output today supplies power stations.

Departmental Buildings

Stewart Hosie: To ask the Secretary of State for Business, Enterprise and Regulatory Reform what the value of the property held by (a) his Department and (b) associated public bodies was at the most recent date for which figures are available. [212912]


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Mr. Thomas: The current value of property held by the Department is £1.33 million and by associated public bodies is £1,564.4 million.

Departmental Conferences

Mr. Hoban: To ask the Secretary of State for Business, Enterprise and Regulatory Reform what the (a) scheduled date and (b) title was of each conference proposed to be hosted by his Department and its agencies which was cancelled before taking place in each of the last 10 years; and what costs were incurred in respect of each. [215170]

Mr. Thomas: The Department does not hold this information centrally and this could be obtained only at disproportionate cost.

Substantive answer from Gareth Thomas to Mark Hoban:

Letter from Stephen Speed, dated 14 July 2008:

Letter from Gareth Jones, dated 14 July 2008:

Departmental Domestic Visits

David Simpson: To ask the Secretary of State for Business, Enterprise and Regulatory Reform on how many occasions he has visited (a) Scotland, (b) Wales and (c) Northern Ireland in an official capacity in the last 12 months. [204402]

Malcolm Wicks: In the last 12 months, Ministers in this Department have visited Scotland eight times; Wales once, and no visits have been made to Northern Ireland. All ministerial travel is undertaken in accordance with the “Ministerial Code”.

Departmental Ministerial Policy Advisers

Mr. Maude: To ask the Secretary of State for Business, Enterprise and Regulatory Reform pursuant to the answer of 27 March 2008, Official Report, column 351W, on ministerial policy advisers, which former special advisers have (a) received approval from and (b) been refused permission by his Department or its predecessor to take up an outside appointment on leaving their post since May 2005. [210920]

Mr. Thomas: Personal information about the applications submitted by special advisers, and other Crown servants, is made public only in accordance with the principles
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and practices followed in the operation of the business appointment rules. This information, which includes details of the appointments of the most senior staff and statistical data about cases at the more junior levels, is published on the website of the Advisory Committee on Business Appointments (www.acoba.gov.uk) and in its reports.

Departmental Transport

Mrs. Villiers: To ask the Secretary of State for Business, Enterprise and Regulatory Reform when each of his Department’s and its agencies’ green transport plans were introduced; and if he will place in the Library a copy of each such plan. [209245]

Mr. Thomas: BERR has committed in its 2008-09 Sustainable Development Action Plan, to be published shortly, to produce a carbon reduction strategy.

The action plan will include initiatives aimed at reducing the environmental impact of business travel, and will be published on the Department’s website at:

I have approached the chief executives of the Insolvency Service(1) and Companies House and they will respond to you directly.

Letter from Stephen Speed, dated 14 July 2008:

Letter from Gareth Jones, dated 14 July 2008:

Departmental Vetting

Jenny Willott: To ask the Secretary of State for Business, Enterprise and Regulatory Reform what percentage of successful applicants for jobs in his Department are subjected to a criminal records check; how many (a) successful applicants and (b) criminal records checks there were in each of the last 10 years; how many successful applicants were found to have a criminal record after a criminal records check took place in each of the last 10 years; whether the selection of successful candidates to be subjected to a criminal
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records check is random or targeted; and if he will make a statement. [213144]

Mr. Thomas: For all successful applicants for jobs in BERR that require unescorted access to BERR London offices, there is a check of both spent and unspent criminal records. Successful applicants for posts in BERR that do not require unescorted access to London buildings are required to provide a self-declaration of unspent criminal records. On a random basis, 20 per cent. of these self-declarations are checked.

Information on the number of successful applicants, number of criminal checks and how many successful applicants had a criminal record in each of the last 10 years is not held centrally and can be obtained only at disproportionate cost.

Energy Supply: Prices

Chris Ruane: To ask the Secretary of State for Business, Enterprise and Regulatory Reform what recent assessment he has made of energy price differentials for (a) domestic and (b) industrial consumers in different regions of the UK. [218987]

Malcolm Wicks: The information is as follows.

(a) Regional price differentials in domestic electricity and gas prices are published quarterly in tables 2.2.3 and 2.3.3 respectively of Quarterly Energy Prices, available online at


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