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Written Answers
Wednesday, 16th July 2003.
The Attorney-General: Review of Constitutional Powers
Lord Rawlinson of Ewell asked Her Majesty's Government:
- Whether the powers of the Attorney-General will be included in the review of constitutional powers.[HL3533]
The Lord Chancellor (Lord Falconer of Thoroton): I will be publishing a consultation document in September which will set out the issues to be addressed in relation to the Lord Chancellor's roles that do not relate to the Speakership, his functions as departmental Minister or his judicial capacity. There are no plans to review the powers of the Attorney-General.
The Lord Chancellor: Ecclesiastical Patronage
Lord Williams of Elvel asked Her Majesty's Government:
- What arrangements they propose to make concerning the Lord Chancellor's patronage of Church of England benefices when the office of Lord Chancellor no longer exists.[HL3655]
The Lord Chancellor: I will be publishing a consultation document in September setting out the issues to be addressed in relation to the roles of the Lord Chancellor that do not relate to the Speakership, his functions as departmental Minister or his judicial capacity. This will include his ecclesiastical patronage. For the present the arrangements concerning the Lord Chancellor's patronage of Church of England benefices remain unchanged.
The Lord Chancellor: Duties
Lord Swinfen asked Her Majesty's Government:
- What are all the duties of the Lord Chancellor other than his parliamentary and government duties.[HL3711]
The Lord Chancellor: My noble and learned friend the Leader of the House set out 11 broad categories of function of Lord Chancellor (excluding his sitting as a judge) when he responded to the debate on the Motion to appoint a Select Committee to consider the future arrangements for the Speakership (Official Report, 3/7/03; col. 1000). These are:
- Speakership of the House of Lords.
- Judicial appointments, conduct and discipline in England and Wales.
- Judicial appointments, conduct and discipline in Northern Ireland.
- Ministerial responsibilities in relation to courts and tribunals, legal and constitutional affairs in England and Wales.
- Ministerial responsibilities in relation to courts and legal affairs in Northern Ireland.
- Ministerial responsibilities in relation to the national archives.
- Ministerial responsibilities in relation to land registration in England and Wales.
- Responsibilities in relation to the Great Seal.
- Ecclesiastical patronage and other ecclesiastical functions.
- Visitatorial jurisdiction (academic, Royal Peculiars, etc).
- Non-judicial appointments (such as to school governors).
All duties which do not explicitly relate to the Lord Chancellor's role as a judge, or relate to the Speakership, are carried out by the Lord Chancellor as a Minister of the Crown.
The Lord Chancellor: Transfer of Functions
Lord Ackner asked Her Majesty's Government:
- Which, defining each, of the Lord Chancellor's functions relative to the administration of justice and in particular criminal justice do they propose to transfer to (a) the Home Office and (b) the Department for Constitutional Affairs.[HL3740]
The Lord Chancellor: I expect that all of the Lord Chancellor's ministerial functions which continue to be necessary will be transferred to the Secretary of State for Constitutional Affairs. None of the administration of justice functions will transfer to the Home Office.
Judicial Appointments: Diversity
Lord Tebbit asked Her Majesty's Government:
- Whether it is their view that an increase in the number of black, Asian and female persons and persons of different sexual orientation would improve the overall quality of the judiciary.[HL3754]
The Lord Chancellor: The principle of appointment on merit is central to the judicial appointments process. Those appointed should be those who are best qualified for the job, irrespective of gender, ethnic origin or sexual orientation, However, it is important to be able to make appointments from the widest possible pool of applicants, and the judicial appointments process should seek to bring forward the
most talented candidates for appointment from the diverse groups within our society. A judiciary which better reflects the diversity of the population it serves will enhance public confidence in the justice system. The creation of a judicial appointments commission will provide a fresh opportunity to look at the ways in which the appointments processes work.Special Advisers
Baroness Gould of Potternewton asked Her Majesty's Government:
- What is the cost of the paybill for special advisers in 2003–03, what are the pay bands for 2003–04 and how many special advisers are in each pay band, by department.[HL4072]
The Lord President of the Council (Lord Williams of Mostyn): The pay bands and pay ranges for special advisers for 2003–04 are as follows:
| £ | |
| Scheme Maximum | 131,008 |
| Pay Band 4 | 78,606 to 94,326 |
| Pay Band 3 and Premium | 58,693 to 91,181 |
| Pay Band 2 | 46,116 to 60,278 |
| Pay Band 1 | 35,635 to 47,362 |
| Pay Band 0 | Up to 35,634 |
At 14 July 2003, the number of special advisers in each pay band by department is as follows:
(1)The cost of special advisers in 2002–03 is £5.4 million.
(2) Plus two special advisers who are paid beyond Pay Band 4 but within the scheme maximum.
(3) Includes one part-time adviser.
(4) Includes one special adviser under their provisional pay band whose job has not yet been evaluated.
(5) Appointed by the Lord President on a part-time basis. Also works part-time to the Home Secretary providing cover for a special adviser who is on maternity leave.
(6) Includes two special advisers under their provisional pay bands whose jobs have not yet been evaluated.
(7) Plus one adviser who is part-time and unpaid.
(8) Includes the Chief Economic Adviser to the Treasury.
(9) Plus the five members of the Council of Economic Advisers who are employed on special adviser terms (two in Band 4, two in Band 3 and one in Band 1—one is part-time).
(10) This figure includes salary, severance pay and an estimate of pensions costs.
Baroness Gould of Potternewton asked Her Majesty's Government:
Lord Williams of Mostyn: Expenditure on ministerial overseas visits for the period requested is estimated as follows:
The figure for 2002–03 reflects payments made so far for travel undertaken in this period. A few bills have yet to be submitted to departments for payment.
A list of all visits overseas undertaken by Cabinet Ministers costing £500 or more during the period 1 April 2002 to 31 March 2003 has been placed in the Libraries of the House. The list provides details of the date, destination and purpose of all such visits and the costs of Ministers' travel and accommodation where appropriate.
Department Pay band
0 1 2 3 4
No 10(1) — 5 6 11 2
Office of the Deputy Prime Minister
— — 2(2) 1 —
Chief Whips' Offices (Commons and Lords)
— 1 2 — —
Constitutional Affairs — — — — 1
Culture, Media and Sport — — — 1 —
Defence(3) — — 2 — —
Education and Skills — — 1 1 —
Environment, Food and Rural Affairs
— 1 1 — —
Foreign and Commonwealth Office
— — — 2 —
Health — — 2 1 —
Home Office — — 4(2) — —
International Development(3)
— 1 — — —
Lord President of the Council and Leader of the House of Lords
— 1
(4) — — —
Lord Privy Seal and Leader of the House of Commons(5)
— 2 — — —
Northern Ireland Office
— — 1 — —
Secretary of State for Wales
— 1 — — —
Trade and Industry(6) — 1 1 1 —
HM Treasury* — 1 1 1 1
Transport(3) — — 1 1 —
Work and Pensions — — 2 — —
Minister without Portfolio(5)
— 2 — — —
Total — 16 26 20 4
(a) What was their expenditure on ministerial overseas visits for the financial years 1996–97 to 2002–03 and (b) what visits overseas were taken by Cabinet Ministers between 1 April 2002 and 31 March 2003 which cost in excess of £500 and what the cost, destination and purpose of each of these visits were.[HL4073]
Year £ million
1996–97 7.9
2 May 1997 to 31 March 1998 6.4
1998–99 4.9
1999–2000 4.6
2000–01 4.7
2001–02 5.6
2002–03 5.7
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