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Commonhold Legislation
Baroness Jeger asked Her Majesty's Government:
- When the Commonhold Bill will be brought before Parliament in accordance with the Conservative manifesto.
The Lord Chancellor (Lord Mackay of Clashfern): It had been hoped to introduce the Commonhold Bill during this Session, but the introduction of other measures of greater priority and the substantial amendment sought by Her Majesty's Opposition has resulted in there being insufficient time. The Government intend to bring the Bill forward as soon as a suitable opportunity occurs in a new Parliament.
Legal Aid: R v Kevin Maxwell & Others
Lord Cocks of Hartcliffe asked Her Majesty's Government:
- Further to the Answer given by the Lord Chancellor on 30th January 1995 (H.L. Deb.,
col WA 101) whether it is now possible for them to give the full details concerning legal aid paid to barristers and solicitors in R v Maxwell Brothers, including how much was paid to each barrister and each solicitor.
The Lord Chancellor: Most of the final claims in this case are still being determined. It would therefore not be appropriate for me to provide a breakdown of the amounts paid to individual barristers and solicitor firms representing K. and I. Maxwell, L. Trachtenberg, R. Bunn, A. Fuller and M. Stoney, although I would be prepared to do so once the final bills have been paid. I can confirm, however, that £10.17 million has been paid to date from the legal aid fund to lawyers who acted in this case. That sum includes £7.25 million paid on account in respect of the Crown Court proceedings and £0.83 million paid in respect of the magistrates' courts proceedings.
Organophosphates: Enzyme Paraoxynase Research Proposal
The Countess of Mar asked Her Majesty's Government:
- Whether they are aware of the research The effect of the human serum paraoxynase polymorphism
is reversed with diazoxon, soman and sarin by
Holly G. Davies et al and published in Nature Genetics, Volume 14, November 1996; and, if so, whether they are prepared to fund research into the evaluation of enzyme paraoxynase (PONI) status of farmers and Gulf War veterans who believe their ill health is caused by exposure to organophosphates.
The Parliamentary Under-Secretary of State, Department of Health (Baroness Cumberlege): We are aware of this research. Currently, the Government have no plans to fund research specifically into the
evaluation of enzyme paraoxynase (PONI) status of farmers and Gulf War veterans. However, we are currently funding a number of research projects, including an epidemiological study costing approximately £0.5 million which is being undertaken at the Institute of Occupational Medicine in Edinburgh to investigate the effects of organophosphate sheep dips on sheep farmers and sheep farm workers; and, as recently announced, two studies on Gulf War-related health matters costing some £1.3 million.Surrendered Handguns: Compensation Valuations
The Earl of Haddington asked Her Majesty's Government:
- Who they propose will carry out valuations of firearms surrendered by certified holders if the Firearms (Amendment) Bill becomes law; and
What rights of appeal will exist, and what the appeal procedures will be, for those firearms holders who dispute a valuation of a surrendered weapon under the provisions of the Firearms (Amendment) Bill.
The Minister of State, Home Office (Baroness Blatch): The Government will draw up a set of values for the most popular makes of handgun in discussion with the British Shooting Sports Council and the Firearms Consultative Committee. People who surrender handguns under the terms of the Bill will be free to accept either a flat-rate payment, or a payment which is based upon these values.
It will be open to claimants who have other makes of gun or who are dissatisfied with the payment offered to submit their own valuation. In cases which cannot be resolved by agreement, there will be access to independent expert valuation.
Asylum Seekers: Detentions
Lord Lester of Herne Hill asked Her Majesty's Government:
- How many asylum seekers have been detained pending the determination of their applications each year during the past five years; and
What have been the average periods of detention of asylum seekers during each of the past five years.
Baroness Blatch: The information requested is available only at disproportionate costs.
Asylum Seekers: Access to Legal Advice
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether asylum seekers detained pending the determination of their applications have effective
- access to legal advice and speedy judicial review, and, if so, in what form.
Baroness Blatch: All detainees held under immigration powers, including asylum-seekers, are able to seek legal advice. Posters explaining the role of organisations such as the Refugee Legal Centre and Immigration Advisory Service are prominently displayed. Legal representatives visiting detainees in Immigration Detention Centres are normally allowed access between the hours of 9 am and 9 pm every day of the year. In addition, detainees have access to telephones for both incoming and outgoing calls. It is open to any asylum seeker to seek judicial review of his or her case at any time.
Criminal Procedure and Investigations Act 1996: Code of Practice
Lord Peyton of Yeovil asked Her Majesty's Government:
- When they expect to lay before Parliament the code of practice prepared under Part II of the Criminal Procedure and Investigations Act 1996, and when it will come into effect.
Baroness Blatch: In view of the interest in the code of practice among criminal justice practitioners, my right honourable friend is laying it before Parliament today. This is to assist them in preparing for the implementation of Parts I and II of the Act next year.
Before the code can take effect, Parliament must approve an order bringing it into operation. My right honourable friend will lay an order seeking approval before Parliament as soon as possible next year. He is not yet able to do so because the disclosure scheme in Part I, which the code supports, depends on a number of sets of rules of court. These are currently the subject of consultation with criminal justice practitioners, and it is too early to say exactly when they will be ready to be implemented.
Asylum and Immigration Appeals System: Review
The Earl of Balfour asked Her Majesty's Government:
- Whether they have any proposals for reviewing the system of asylum and immigration appeals.
Baroness Blatch: My right honourable friend and my noble and learned friend the Lord Chancellor intend to review the current system of asylum and immigration appeals so as to establish, among other things, whether it provides adequate rights of appeal consistent with the costs to public funds and the impact upon the operation of the immigration control. They will publish their conclusions in due course as a basis for consultation with interested parties.
Bribery of Members of Parliament
Lord Dixon-Smith asked Her Majesty's Government:
- What further consideration they have given the recommendation from the Committee on Standards in Public Life, in its first report, that the law relating to the bribery of Members of Parliament should be clarified.
Baroness Blatch: My right honourable friend has today published a paper on this subject, and has placed copies in the Library. My right honourable friend the Lord President has also sent copies to the House of Commons Committee on Standards and Privileges, and the House of Lords Committee for Privileges.
Criminal Cases Review Commission
Viscount Bridgeman asked Her Majesty's Government:
- When the Criminal Cases Review Commission will be established; if they will list the names of the people who will be appointed as members; and when the Commission will start work.
Baroness Blatch: The Criminal Cases Review Commission will be established on 1st January 1997. Its members will be:
- Sir Frederick Crawford (Chairman)
- Miss Fiona King
- Mr. Laurence Elks
- Mr. David Kyle
- Mr. John Leckey
- Miss Jill Gort
- Mr. Baden Skitt
- Mr. John Knox
- Dr. James MacKeith
- Mr. Karamjit Singh
- Professor Leonard Leigh
- Mr. Edward Weiss
- Mr. Anthony Foster
- Mr. Barry Capon
Asylum Seekers: Fair Determination of Applications
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether the denial of social assistance to asylum seekers impairs the substance of their right of
- effective access to a fair determination of their applications.
Baroness Blatch: No. All asylum claims continue to be considered fully in accordance with our international obligations under the 1951 United Nations Convention Relating to the Status of Refugees.
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