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Liquor Duties (Harmonisation)

Mr. Gill: To ask the Chancellor of the Exchequer what plans he has for the harmonisation of liquor duties with other EU countries. [59830]

Dawn Primarolo: Member States are free to set excise duty rates at the levels they feel are appropriate to their own particular circumstances, subject only to the agreed minimum rates. The Government believe that there should be a levelling up of the minimum rates of excise duty on beer and wine but recognise that progress is likely to be in the long term. The mechanism for achieving this aim is through the European Commission's biennial reviews of the minimum rates of excise duties. The Commission's report on alcohol minimum rates, due by 31 December 1996, is awaited.

Progressive Beer Duty

Miss McIntosh: To ask the Chancellor of the Exchequer what representations he has received from small brewers concerning the introduction of progressive beer duty; and if he will make a statement. [59896]

Dawn Primarolo: I have received representations about progressive beer duty from the Independent Family Brewers of Britain and the Society of Independent Brewers. I have asked Customs and Excise to review the case for progressive beer duty and they will provide me with advice in due course.

Social Security Expenditure

Mr. Heathcoat-Amory: To ask the Chancellor of the Exchequer if he will restate the Social Security Benefits expenditure from 1998-99 to 2001-02 in Table B12 of the pre-Budget report on the basis of unemployment at the April 1998 level. [59096]

Mr. Darling [holding answer 10 November 1998]: I have been asked to reply.

The estimated effects on Social Security benefits would be increases in expenditure of:

£ million
YearAmount
1998-99150
1999-2000240
2000-01250
2001-02260

Note:

These figures are consistent with the Social Security forecasts published in table B12 of the Pre-Budget Report but exclude figures for Northern Ireland.


LORD CHANCELLOR'S DEPARTMENT

Court Service Charter

Dr. Lynne Jones: To ask the Minister of State, Lord Chancellor's Department, pursuant to his answer of 28 October 1998, Official Report, columns 159-60, concerning complaints under the Court Service Charter, what analysis has been carried out of the nature of the complaints upheld; and what administrative or other changes this has led to in the Court Service. [59095]

16 Nov 1998 : Column: 368

Mr. Hoon: Where a complaint highlights weaknesses in procedures, changes are made to put these right. Examples of such changes include the introduction of additional checks when registering judgments and new measures to prevent disclosure of confidential information in adoption cases. The Court Service is currently introducing a standardised database to record the number and type of complaints made at its various courts and offices throughout England and Wales.

Departmental Registers

Mr. Baker: To ask the Minister of State, Lord Chancellor's Department if he will list the registers held by his Department which are open for inspection by (a) hon. Members and (b) members of the public. [59741]

Mr. Hoon: There are no registers within the Lord Chancellor's Department that are open to hon. Members but not to the public. For a list of registers open for inspection I refer the hon. Member to the answer I gave to my hon. Friend the Member for Leyton and Wanstead (Mr. Cohen) on 8 July 1998, Official Report, columns 520-21.

Freemasons

Mr. Mullin: To ask the Minister of State, Lord Chancellor's Department how many members of the judiciary responded to his invitation to disclose membership of the freemasons; how many refused to respond; and how many have not yet responded. [59071]

Mr. Hoon: Following the Government's response to the Report of the Home Affairs Select Committee, Session 1996-97, on Freemasonry in the Police and the Judiciary, all serving members of the judiciary were invited by the Lord Chancellor to declare their Masonic status on a voluntary basis for the purpose of a Register. 5,290 questionnaires were distributed. As at 9 November, 5,033 office-holders had responded; of these, 64 had declined to disclose whether or not they are Freemasons. Replies are still coming in, but this left 257 outstanding.

Court Clerks

Shona McIsaac: To ask the Minister of State, Lord Chancellor's Department what plans he has to ensure that unqualified existing court clerks can become qualified as a solicitor or barrister without significant disruption to the work of (a) the courts and (b) the individuals concerned. [60194]

Mr. Hoon: Professionalisation is an essential part of the plans to modernise the magistrates' courts. It will equip legal advisers to handle new responsibilities and future changes in the legal system. It is important that everyone has confidence in the status and qualification of those advising lay justices.

After careful consideration of the impact on the magistrates courts and individuals, I have decided that those existing court clerks who will be aged 40 or older on 1 January 1999 will not be required to qualify, although they may do so if they wish. A number of training options will be made available to those existing court clerks required to qualify under the new rules. They are all study programmes designed for people engaged in full-time employment and include day release, distance

16 Nov 1998 : Column: 369

learning, evening or weekend study. I am asking magistrates' courts committees to give existing court clerks up to one day off for each week of study, or time off in lieu if they do not select a day release option.

The Lord Chancellor's Department will meet the cost of tuition and the required study leave. The Department will also make funds available to meet the costs of care for children or other dependent relatives, such as the disabled and the elderly, where this responsibility would pose a problem for those undergoing training. Reasonable costs of necessary travel and accommodation will also be met. Magistrates' courts committees will be asked to provide details of every individual's training needs so that appropriate training arrangement can be made to meet the needs of the individual and the courts committees as far as possible.

Magistrates Courts Committees

Mr. Bob Russell: To ask the Minister of State, Lord Chancellor's Department what plans he has to make Magistrates' Courts Committees democratically accountable to the local communities they serve. [59081]

Mr. Hoon: Magistrates' Courts Committees (MCCs) are composed of magistrates for the area to which the committee relates, in accordance with Section 28 of the Justices of the Peace Act 1997 (JPA). Section 6 of the JPA provides that, with few exceptions, magistrates may be appointed to an area only if they reside within 15 miles of that area. MCCs are therefore overwhelmingly made up of local magistrates.

MCCs are responsible for the efficient and effective administration of magistrates' courts in their area. There is a range of statutory and non-statutory provisions designed to ensure that the needs of court users are taken into account, and that the local community can be involved in the work of the MCC.

Section 30(4) of the JPA allows an MCC to act through sub-committees which, so long as they include at least one member of the MCC, can include non-members.

Section 30(9) of the JPA requires that at least once each calendar year, MCCs must admit members of the public to a meeting.

Section 30(10)--(12) of the JPA requires that minutes of every MCC meeting must be open for public inspection unless deemed confidential. If they are deemed confidential, the MCC must give reasons.

Section 31(6) of the JPA requires MCCs to have regard to the needs of disabled court users.

MCCs are required to submit to periodic independent inspection by Her Majesty's Magistrates' Court Service Inspectorate. The inspection process includes discussions with court users (both professional and non-professional). These discussions inform the Inspectorate's reports on individual MCC areas. The contents of the Inspectorate's report are made available to members of the public through a public information booklet for each area after it is inspected. The booklet contains a digest of the Inspectorate's findings and recommendations and the MCC's response.

16 Nov 1998 : Column: 370

New guidance on the production of annual reports was issued to MCCs in October 1998. All MCCs are required to submit annual reports for the financial year 1998-99 onwards, which contain key information. In their annual reports, amongst other things, MCCs will be expected to include information on when they published their first Charter and when that Charter was revised and updated to take account of the new model Charter issued by LCD, and the guidance issued by the Cabinet Office as part of the Service First programme. MCCs will be expected to report on the performance against three key charter standards in the body of the annual report. The setting of clear standards and reporting on how and whether they are achieved is a vital aspect of accountability to court users. The Service First Guidance places a significant emphasis on consulting users.

Communication with the community is demonstrated through MCCs' involvement in the Magistrates' Association's schools project and through Open Days. The Lord Chancellor has written to MCCs emphasising the importance he attaches to Open days and has asked each MCC to provide an annual return on the open days they have held in their areas. Reports submitted for the year to 30 September 1998 show the success of Open days. Consultation with court user groups and the guidance issued by Central Council on courthouse closures provide other examples of non-statutory consultation which enhances accountability.

Complaints provide a further method of non-statutory accountability to the community. Letters and telephone calls to MCC officials and LCD officials, letters to MPs and Ministers all enable the community to influence the operation of the MCC.


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