This report identifies the inherent tension within the role of the Attorney General where political, ministerial functions have to balanced with the provision of independent legal advice and the supervision of the prosecution service. Although there is a need for accountability to Parliament and the public for the duties carried out, there is also a need for reform to ensure clear lines of responsibility and remove the suspicion of political pressure. The Committee therefore recommend that the duties of the Attorney General be split. The purely legal functions should be carried out by an official who is outside party political life, whilst a minister in the Ministry of Justice should carry out the ministerial duties.
The Committee's report examines the small claims system in the county court, focusing on the following issues: provision of IT facilities and listing procedures, enforcement of judgements, limits on claims for personal injury and housing disrepair, and proposals for a European Small Claims Procedure to cover cross-border cases. The Committee finds that the small claims system generally works well in providing a low cost, good quality procedure for large numbers of litigants which is more informal and quicker than ordinary proceedings. However, the report also identifies a number of areas for improvement, including the need to introduce electronic document management and listing software to increase work efficiency; to improve enforceability of judgements; and to review financial limits for claims relating to personal injury and housing disrepair.
The creation of the Ministry of Justice made significant changes to the Lord Chancellor's responsibilities, which may affect, in practice or public perception, the core responsibility of being the guardian of judicial independence. This report looks at the way these changes were made and finds the Government underestimated the significance of the changes it announced. The lack of sufficient consultation led to a public conflict between the senior judiciary and the previous Lord Chancellor, which could have been avoided if the lessons from the way changes to the Lord Chancellor's office were announced and effected between 2003 and 2005 had been learnt.
operation of the Special Immigration Appeals Commission (SIAC) and the use of special Advocates : Seventh report of session 2004-05, Vol. 2: Oral and written Evidence
A constructive relationship between the three arms of government - the executive, legislature and judiciary - is essential for the effective functioning of the constitution and the rule of law. In recent years the character of these relationships has changed. The Committee has thus taken the opportunity of their annual examination of the Lord Chief Justice and Lord Chancellor as a starting point of an assessment of the impact of the changes. After an introduction there are three main sections that examine: the executive and the judiciary; parliament and the judiciary; judiciary, media and the public.
This report follows the Government's July 2007 publication 'The Governance of Britain: A Consultation on the Role of the Attorney General (Cm. 7192)' (ISBN 9780101719223) and the House of Commons Constitutional Affairs Committee report, 'Constitutional Role of the Attorney General (HC 306)' (ISBN 9780215035462), both available below. The Committee took evidence from Baroness Scotland of Asthal, the present Attorney General, and commissioned written evidence (included as appendices to the report) from two constitutional academics with divergent views on the subject. The current debate about reforming the role stems from three major controversies in the last five years: advice on the legality of the Iraq invasion; BAE Systems and the decision to drop a Serious Fraud Office investigation; andcash for honours. The report examines the role of the Attorney General as provider and co-ordinator of legal advice (and senior legal advisor to the Crown). It also examines the role of Attorney General in individual prosecutions and its functions as a minister. The Committee lays out the main arguments for and against reforming the role in these three principal areas, hoping that the report will prove useful as a 'handbook' to the continuing debate on the role of the Attorney General.
The Freedom of Information (FOI) Act and the new Environmental Information Regulations came into force fully on 1 January 2005. They give people the right of access to information held by over 100,000 public authorities across the UK. This inquiry examines the first year's experience of FOI and considers the impact which it has made. The implementation of the FOI Act has already brought about the release of significant new information. The Committee is impressed by the efforts made by public authorities to meet the demands of the Act. The most commonly cited problem for requesters was delays in responding to requests. Published data show that there are many cases where the 20 day statutory response time is not being complied with, and lack of interpretation in the code of practice as to 'reasonable' time limits enables public authorities to make indefinite extensions of many months. The report identifies a number of areas where the Department for Constitutional Affairs (DCA) should improve compliance, the immediate priority being a more assertive enforcement of the law. The complaints resolution process provided by the Information Commissioner's Office during 2005 was unsatisfactory, with many delays in starting investigation of complaints, and concerns over the standard of investigation and information provided in the decisions. The Committee welcomes the Commissioner's proposals to increase efficiency and effectiveness, and would like the Commissioner to be directly responsible to, and funded by, Parliament. Another area of concern is the long-term preservation of electronic records. Records management practices in some public authorities need substantial improvement. Plans are needed to handle the rapid and significant changes in technology and the inevitable degradation of storage media. Freedom of Information has no force without a proper commitment to ensure that the information held is in a retrievable form.
This report arises from a letter from the MinIster of State for Quality and Patient Safety, Department of Health, responding to some areas of concern on the NHS Redress Bill expressed at an oral evidence session prior to publication of the Committee's third report of session 2005-06 on compensation culture (HCP 754-I, ISBN 0215027671). The particular areas of concern were: whether the Department of Health had a current list of medical experts able to provide medical reports; whether doctors and lawyers would be willing to work for fixed fess, and the proposed level of those fees; and the expected number of additional claimants under the redress procedure. The Committee is not satisfied with any of the Minister's additional information, finding no details of whom the Minister intends to consult about the list of doctors to write reports; and the statistics on the other two points contain such wide differentials that the Committee feels the Department is not sufficiently focused or aware of the potential costs. This supports the initial recommendation to pilot the scheme before a national roll out, since it is impossible to predict the upsurge of claims and associated costs.
Implementation of the Carter Review of Legal Aid : Third report of session 2006-07, report, together with formal minutes, Vol. 2: Oral and written Evidence
The Committee's report examines the Government's proposed changes to the system of legal aid payments in asylum appeal cases in England and Wales, under the draft Community Legal Service (Asylum and Immigration) Regulations 2005 (ISBN 0110723015). Issues discussed include: the introduction of a system of retrospective funding, the merits test, and the implications of the new system for solicitors offering legal aid services. Conclusions reached include that the merits test will have to be set at a lower level if the system of retrospective funding is introduced, to ensure that appellants and suppliers are not to be disadvantaged, since the legal aid system should not be used to restrict legitimate appeals.
The draft Bill, published as a consultation paper (Cm 6194, ISBN 0101619421) in May 2004, contains the Government's proposals for changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. Its two key provisions are the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission (LSC); and the re-introduction of a means test for criminal cases. The Committee's report finds that the increase in CDS spending in recent years is unsustainable, and states its support for the underlying aim of the draft Bill to improve management control and consistency in the legal aid system and to focus resources on those that need help most. However, it highlights a number of areas where more work is required before the proposals can be finalised, including the need to ensure the measures comply with the UK's obligations under the European Convention on Human Rights, as well as the costs and practical difficulties of means testing and in transferring the grant to the LSC.
Following on from an earlier report by the Committee on child contact issues (HCP 116-I, session 2004-05; ISBN 0215022424) published in March 2005, and in light of the publication of the Children and Adoption Bill (HLB 10, session 2005-06, ISBN 0108421392) in November 2005, the Committee's report examines recent developments on the workings of the family justice system. Conclusions reached include: i) support for the Government's decision to issue a consultation paper on options for improving transparency in the family court, for example by allowing press and public access under appropriate reporting restrictions and subject to the judge's discretion; and ii) without the element of compulsion, projects such as the Family Resolutions Pilot scheme (which seek to move away from an adversarial court approach towards improved access to mediation to resolve complex family disputes) are likely to fail.
This report looks at ways the House of Commons can make itself more accessible so that its work is more clearly understood. The main sections look at: connecting with young people, both in terms of educational resources in the House and the citizenship curriculum; information for the public and in particular the web site; visitors; public petitions; the House of Commons and the media; communications between Members and their constituents.
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