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Government response to HC 681-I, session 2010-11 (ISBN 9780215557131). Dated June 2011
Twenty-third report of Session 2010-11 : Documents considered by the Committee on 23 March 2011, report, together with formal Minutes
The Ministry of Justice delivers its services through a wide range of arm's length bodies and agencies, including the courts, prisons and probation services. The Ministry's Spending Review settlement requires a 23% reduction to its resource budget over the next four years. The Ministry has a range of financial management processes in place but lacks a consistent approach across its business, and to date it has not integrated financial management into its policy and operational workings. The Ministry needs to implement its Spending Review settlement on the basis of a full understanding of the cost and value of its services, so that financial cuts are best targeted to minimise the impact on frontline services. The Ministry and its arm's length bodies currently lack the detailed information they would need to do this. A comprehensive understanding of the costs and value of services must be a priority. For its arm's length bodies, having a clear direction, the details of which are formally agreed by both parties, is essential as is strong leadership and a shared sense of purpose. The Ministry now needs to oversee the performance of its arm's length bodies, such as framework documents, operational reviews, and accountability meetings. Fee recovery and fines collection have to be priority areas for improvement and the need to improve recovery rates where it does not currently recover the full cost of services provided. On fines collection, there was little sign of the sustained improvement promised when the Committee last took evidence in 2006.
Central government and local authorities spent £800 million in 2009-10 dealing with youth crime, primarily through the Youth Justice Board nationally and Youth Offending Teams locally. The National Audit Office has estimated that the total costs to the UK economy of offending by young people could be up to £11 billion a year. In recent years, the Youth Justice Board has been effective in leading reform within the youth justice system and diverting resources to the offenders most at risk of committing future crimes. Since 2000 youth custody has fallen during a period when the number of adults in custody has continued to rise. This is a noteworthy achievement in which the Board has played a central part. Some areas of difficulty remain, however, particularly with more serious offenders. Dealing with these offenders is difficult, but it has been made more so by poor quality assessments and sentence planning in one third of cases, together with a lack of research into the relative effectiveness of different programmes. Following the 2010 Comprehensive Spending Review, the Ministry of Justice decided to abolish the Youth Justice Board, though it did not take into account the Board's performance in making this decision. Such reorganisation could impact on building on the progress achieved to date. Following the abolition, it will be the role of the Ministry to maintain the successes that the Board has achieved in its oversight of the youth justice system, and to address effectively areas where more needs to be done.
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons
Clear disparities exist between notions of representative democracy and political practice in Britain. Alternative models of democracy, however, have their own incongruities in trying to marry representation and democracy. This book analyses the mismatches in democratic theories and between theory and practice in British representative democracy.
Additional written evidence is contained in Volume III, available on the Committee's website at www.parliament.uk/justicecttee
This report assesses the Ministry of Defence's performance in managing the supply chain to front line troops. The MoD rightly puts a strong emphasis on ensuring troops get the supplies they need. Equally, providing an efficient supply chain would release resources for the front line. The Committee believes there should be greater emphasis on securing value for money and that there is room for it to find efficiencies in the supply chain without jeopardising operational effectiveness. Previous reports have identified persistent problems with late deliveries, unnecessary costs and missed targets. At present, the MoD does not have the information to identify where savings could be made. It does not know the full costs of its current activities or the cost of alternative supply options. The failure to collect basic data about where supplies are stored has directly contributed to the MoD accounts being qualified for three consecutive years. The MoD is now seeking to resolve these information problems through a major initiative known as the Future Logistics Information Services project, expected to be implemented by 2014. Until then, the Department will continue to store data in systems that are at critical risk of failure. It is vital that the MOD sustains its programme in order to secure value for money. Measures which could improve the efficiency of supply operations include putting more pressure on suppliers to deliver on time, keeping stocks at lower levels to reduce the risk of them deteriorating, and benchmarking performance against relevant comparators such as other armed forces.
Third report of Session 2010-11 : Documents considered by the Committee on 13 October 2010, including the following recommendation for debate, European Security and Defence Policy: EULEX Kosovo, report, together with formal Minutes
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.