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Baroness Greengross asked Her Majesty's Government:
- What is the difference between the work that is undertaken by the Public Guardianship Office in relation to the registration of an enduring power of attorney at a cost of £220 and the application to become a receiver at a cost of £65.[HL4076]
Baroness Scotland of Asthal: The appliction fee of £65 covers the cost of processing a first application to the Court of Protection, up to the point where a hearing date is set to consider the appointment of a receiver. For clients with net assets below £16,000, it covers work to the point where the applicant is given authority to manage the finances under a short order. The application fee is one of a range of fees payable by private receivership clients where the Public Guardianship Office is involved in the management of their financial affairs. These clients also pay an appointment fee to cover setting up a case management regime with the receiver, and other support and advice services in the first year, including a visit, and an annual administration fee to cover ongoing support.
The fee of £220 for registering an enduring power of attorney covers the cost of registration, handling any disputes or technical problems and correspondence during or after registration, helping and advising attorneys or their legal representatives, investigating allegations of financial abuse against the donor and cancelling registration on the death of the donor. The registration fee covers this work over the life of the case.
Baroness Greengross asked Her Majesty's Government:
- What is the cost to the Public Guardianship Office of registering (a) an uncontested enduring power of attorney and (b) a contested enduring power of attorney.[HL4077]
Baroness Scotland of Asthal: The cost to the Public Guardianship Office of registering an uncontested power of attorney and associated work, not including the resolution of disputes, is £140. The average cost of dealing with a dispute that arises in an enduring power of attorney case is £1,260. The average cost of registering an enduring power of attorney and associated work, including the Resolution of disputes is £220. These costs include direct costs and overheads, including support service and accommodation costs.
Baroness Greengross asked Her Majesty's Government:
- When the former office of the Public Trust Office/Public Guardianship Office at Stewart House in Kingsway was sold; at what price it was sold; and how the sale proceeds have been used.[HL4078]
Baroness Scotland of Asthal: Stewart House has not yet been sold, although negotiations with a prospective purchaser are currently underway.
Mental Incapacity
Baroness Greengross asked Her Majesty's Government:
- When they will introduce a mental incapacity Bill.[HL4094]
Baroness Scotland of Asthal: The Government remain committed to reforming this important area of the law. When parliamentary time allows, they will legislate to improve and clarify the decision-making process for those who are unable to make decisions for themselves or who cannot communicate their decisions. In advance of securing parliamentary time, the Government are taking forward a number of initiatives. These include the formation of a consultative forum on mental incapacity. This will help us to develop and implement a shared agenda for improving the lives of people with mental incapacity and their carers.
Magistrates' Court Closures: Avon and Somerset
Lord Hylton asked Her Majesty's Government:
- Whether decisions have yet been taken concerning proposed closures of magistrates' courts in Somerset at Frome, Wells and Minehead; if so, how they justify them; and whether estimates have been made of the extra costs that would be imposed on all non-official court users, if all or any of these courts were to be closed. [HL4137]
Baroness Scotland of Asthal: Decisions on the future of magistrates' courts in Frome, Wells and Minehead are for the Avon and Somerset Magistrates' Courts Committee to determine, in consultation with the local paying authority.
On 3 April 2002, the Avon and Somerset Magistrates' Courts Committee (MCC) made an initial decision that there might no longer be a business case to preserve the court buildings at these three facilities. However, they have yet to start any consultation or determine the closure of these three courts. The MCC has appointed a multi-agency group to look at the outcome of possible closures in the region and will meet on 10 July 2002 to consider its findings.
Northern Ireland Court Service: Ulster-Scots
Lord Laird asked Her Majesty's Government:
- How many times, on what occasions and on what topics the Northern Ireland Court Service has sought advice from the Ulster-Scots Agency concerning the implementation of the Belfast agreement of 1998 with reference to parity of esteem and the promotion of Ulster-Scots language, culture and learning.[HL4187]
Baroness Scotland of Asthal: The Northern Ireland Court Service has not, to date, sought advice from the Ulster-Scots Agency concerning the implementation of the Belfast agreement of 1998 with reference to parity of esteem and the promotion of Ulster-Scots language, culture and learning.
Human Rights: State Department Report
Lord Lamont of Lerwick asked Her Majesty's Government:
- Whether they are content with the United States State Department's report on human rights in Britain; and whether they plan to make any representations to the United States Government.[HL3285]
The Minister for Trade (Baroness Symons of Vernham Dean): We have discussed the State Department's report on human rights with the United States authorities, in particular the section on Great Britain. The Secretary of State for Northern Ireland raised the section on Northern Ireland during a recent visit to Washington. The FCO and the British Embassy in Washington have also spoken to the US embassy in London and the State Department respectively.
French Presidential Election
Lord Pearson of Rannoch asked Her Majesty's Government:
- Whether, in the light of Article 7(1) of the Treaty on European Union as amended at Nice, they believe M Le Pen's success in the first round of the French presidential election represents a clear risk of a serious breach of the principles set out in Article 6.[HL4001]
Baroness Symons of Vernham Dean: The French people have rejected M Le Pen's extremist politics with his comprehensive defeat by President Chirac in the second round of the presidential elections. Article 7(1) of the TEU as amended at Nice refers to ''a clear risk of a serious breach by a Member State.'' Application of Article 7(1) is not appropriate in these circumstances.
Russia: Freedom of Expression
Lord Hylton asked Her Majesty's Government:
- Whether they consider that the fines recently imposed on the Newspaper Novaya Gazetta are contrary to Russia's international obligations to the Council of Europe or to the Organisation for Security and Co-operation in Europe; and whether this matter will be discussed as an issue of collective responsibility.[HL4092]
Baroness Symons of Vernham Dean: The level of fines imposed on Novaya Gazeta is a matter for the Russian courts. However Russia is obliged as a member of the Council of Europe to abide by Article 10 ("Freedom of Expression") of the European Convention on Human Rights and to respect the OSCE principle of freedom of the press and media. It follows that damages should be proportionate to the offence and should not be used punitively in order to drive a newspaper out of business. We therefore welcome reports that the fines may be reduced following negotiations between the plaintiff, who had sued the newspaper for defamation, and the newspaper's editor.
Her Majesty's Government continue to monitor closely the situation of the media in Russia. Along with our EU partners we have reminded the Russian authorities of the special importance of the independence and plurality of the media. Her Majesty's Government agree with the conclusion of the Council of Europe Parliamentary Assembly (PACE) at its April session that Russia needs to be more rigorous in promoting fundamental freedoms such as freedom of expression and supports PACE's decision to continue monitoring Russia's implementation of its commitments and obligations as a member of the Council of Europe.
Gibraltar
Lord Hoyle asked Her Majesty's Government:
- Whether a timetable for a referendum in Gibraltar will be incorporated into any agreement between Britain and Spain on the future status of Gibraltar.[HL4167]
Baroness Symons of Vernham Dean: As my right honourable friend the Minister for Europe made clear in another place on 31 January (Official Report, col. 137WH), if we reach agreed proposals with Spain we intend to report them fully to Parliament. We hope that the Government and people of Gibraltar would study the proposals carefully. They would have the opportunity to negotiate a final agreement before it was put to a referendum.
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