Oral Answers to Questions

Duncan Hames Excerpts

Tuesday 15th February 2011 Commons Chamber

[Mr Blunt]

Let me caution my hon. Friend slightly against wholly relying on the account of that case that we read in the press. What we ought to know is that the judge was able to give that individual a very significant community sentence. Indeed, he concluded that a prison sentence would probably have been a rather lighter punishment, given all the conditions involved in the community sentence. However, the House will have an opportunity to make its views heard in due course when a sentencing Bill is introduced.

[Duncan Hames (Chippenham) (LD)]

19. If he will bring forward proposals to reduce the time taken by tribunals to determine the outcome of appeals against work capability assessments for employment and support allowance.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

The Tribunals Service has already acted to increase its capacity to dispose of more appeals. It expects to return to normal levels of work in hand for employment support and allowance appeals by the summer of 2011.

[Duncan Hames]

In Chippenham, 50% of such appeals are consistently upheld. Those cases need never have arisen if the Government’s assessor, Atos Healthcare, had had a sufficient incentive to get the decisions right in the first place. The cost to the Department and the taxpayer was about £10 million last year. Will the Minister discuss with the Department for Work and Pensions mechanisms by which the liability could be transferred from the taxpayer to the Government’s contractor?

[Mr Djanogly]

I can confirm that the Department for Work and Pensions has worked to improve the quality of the original decision making and its reconsideration process so that only appropriate appeals filter through to the Tribunals Service. I am in regular contact with the Department to discuss the matter.

Oral Answers to Questions

Duncan Hames Excerpts

Tuesday 11th January 2011 Commons Chamber

[Mr Djanogly]

I have not received a request for such a meeting, although I would be very happy to attend if a request came in. However, as I said before, the point is that we have to cut legal aid; indeed, the hon. Lady’s party has recognised that we need to cut the amount of legal aid paid. It is important that we redirect the scarce resources that remain to the most vulnerable, and that is what we will be doing.

[Duncan Hames (Chippenham) (LD)]

Given his remarks about legal aid and citizens advice bureaux, does the Minister look to local authorities as core funders, or to other Departments to increase such funding?

[Mr Djanogly]

We need to distinguish between legal aid and general advice. A citizens advice bureau may provide legal aid services, but half do not do so. However, all will provide core advisory services, which are normally funded by local authorities.

Oral Answers to Questions

Duncan Hames Excerpts

Tuesday 23rd November 2010 Commons Chamber

[Mr Clarke]

Of course we would welcome prisoners preparing in any way for rehabilitation as honest citizens in society. I wait to see how many prisoners will actually take advantage of the opportunity when we decide the extent to which we have to go to comply with the Court judgment. It is conceivable that in some cases the vote would widen the mind of prisoners and prepare them for taking on the obligations of citizenship. I actually do not think, however, that we should take that too far.

[Duncan Hames (Chippenham) (LD)]

The Government intend to amend the law on the prosecution of universal jurisdiction offences. Does the Lord Chancellor agree that it would be unseemly for decisions relating to those prosecutions to rest with the Law Officer who is also a politician, as would be the case for the Attorney-General?

[Mr Clarke]

The consent of the Director of Public Prosecutions is what we are contemplating. The Government have committed themselves to that. This is a question of arrest; we are looking at citizen’s arrest. We want to keep the right of citizen’s arrest but we do not want it to be a publicity stunt based on inadequate evidence, so we are contemplating making it subject to the DPP’s consent. We are simply trying to find the legislative time to do it. The Government have committed to doing this as rapidly as possible.

Oral Answers to Questions

Duncan Hames Excerpts

Tuesday 20th July 2010 Commons Chamber

[Mr Kenneth Clarke]

I will certainly follow up that matter as I did not hear the “File on 4” programme. Obviously, the Isle of Man has a good, functioning system of justice and we can confidently expect it to enforce criminal law and international sanctions to the standards that we would expect. However, I will ensure that we contact the Isle of Man to ensure that everything that can properly be done is being done to ensure that no breach of international sanctions that could be prevented is being allowed to go ahead.

[Duncan Hames (Chippenham) (LD)]

In the light of the Government’s review of non-departmental public bodies, what plans does the Justice Secretary have for the future of the Office of the Public Guardian?

[Mr Clarke]

We are reviewing it, although we have no immediate intentions that we are withholding. We are looking across the whole field of the Department, and we will reduce the number of so-called arm’s length bodies, quangos and agencies. The Office of the Public Guardian carries out quite an important function, however, so I do not think that we will make any changes there unless we are quite confident that its key responsibilities can be properly discharged.