Written Answers to Questions - Northern Ireland Assembly

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Friday 20 July 2012 Written Answers Northern Ireland Prison Service: Suspended Staff Lord Morrow asked the Minister of Justice (i) how many prison staff, in each Northern Ireland Prison Service facility, including Hydebank Young Offenders Centre and the Juvenile Justice Unit, are currently suspended on full pay; (ii) what is the rank of each of the suspended staff; and (iii) for how long each staff member has been suspended. (AQW 13322/11-15) Mr Ford: There are a total of four Prison Service staff suspended from duty, two of whom are from Maghaberry, one from Hydebank Wood and one from the Prisoner Escorting and Court Custody Service (PECCS). The grades of the individuals suspended range from prison support grades to Governor level. The periods of suspension are 15 and four months for those in Maghaberry and seven weeks and five weeks for those at Hydebank Wood and PECCS respectively. Woodlands Juvenile Justice Centre (JJC) is the responsibility of the Youth Justice Agency (YJA) and is not a Northern Ireland Prison Service facility. However the information in regards to staff employed operationally in the JJC is as follows: (i) One member of JJC staff is currently suspended on full pay. (ii) Care Worker grade. (iii) 10 months (since 26 August 2011). Security Measures at Dungannon Court House Lord Morrow asked the Minister of Justice, pursuant to AQW 12764/11-15, which other courthouses are to have improvements; and what is the estimated cost at each courthouse. (AQW 13323/11-15) Mr Ford: Additional measures are planned for a number of other courthouses at a cost of £705,000. Due to the nature of this work I am unable to provide further detail until this work is underway or completed. Body Scanning Equipment Lord Morrow asked the Minister of Justice, pursuant to AQW 12860/11-15, whether he will continue with the installation of the body scanning equipment, despite the separated republican prisoners having given no commitment to cease their protest should the equipment be installed; and what action is planned should the protest continue after the equipment has been installed. (AQW 13362/11-15) Mr Ford: NIPS is committed to fulfilling its stated undertaking with regard to piloting and assessing the proposed new searching technology in line with recommendation 8 of the Prison Review Team’s report. These technologies are being piloted to learn whether or not they offer a viable alternative to Full Body Searching for all prisoners. However, in the event that some prisoners do not avail of the new technology and continue on protest, the Governor will continue to manage this situation in line with existing operating procedures. Legal Aid Lord Morrow asked the Minister of Justice, pursuant to AQW 12913/11-15, and as new legislation will not apply retrospectively, in cases where legal aid was granted to a person who is known to have significant income or assets, whether checks can be made to ensure that all the relevant financial circumstances were declared; and in cases where the information was not declared, what further steps can be taken in relation to fraud charges and redress for the legal aid payment. (AQW 13364/11-15) Mr Ford: The Northern Ireland Legal Services Commission (the Commission) is presently not empowered to conduct its own investigations into the means of defendants in receipt of criminal legal aid. WA 582
Friday 20 July 2012 Written Answers If credible evidence were brought to the attention of the Commission that a convicted defendant had sufficient means to pay for his or her own defence representation which would cast doubt on their eligibility for criminal legal aid, they could refer the matter to the police for investigation. This could lead to a criminal conviction for fraudulently claiming legal aid and a compensation order for the costs incurred in providing that defence representation. If a compensation order was not made by the court, the Commission could seek to recover the costs as a civil debt. I have recently made the Criminal Legal Aid (Recovery of Defence Costs Orders) Rules (Northern Ireland) 2012. This will ensure that in future the Commission will have the power it needs to recover defence costs from convicted defendants in the Crown Court who have sufficient means to pay for those costs. Hearing Centres Lord Morrow asked the Minister of Justice, pursuant to AQW 12764/11-15, how this expenditure has been deemed necessary when other hearing centres are facing closure. (AQW 13365/11-15) Mr Ford: Dungannon Courthouse is not a Hearing Centre and therefore there is no direct correlation between the Hearing Centre closure consultation exercise and the security enhancements at Dungannon Courthouse. Marion McGlinchey Lord Morrow asked the Minister of Justice (i) to detail the amount of legal aid paid to date in relation to Marion McGlinchey; (ii) whether legal aid was granted to fund the costs of the United Nations doctors who were to examine her; and (iii) if so, what was the total cost of funding the doctors, including expenses. (AQW 13367/11-15) Mr Ford: The legal aid payments made to Mrs McGlinchey’s legal team are detailed below, broken down by Criminal, Civil and Legal Advice and Assistance (Green Form) legal aid categories. Criminal Legal Aid A total of £1,124.61 (including VAT of £179.58 and disbursements of £47.13) was paid to Mrs McGlinchey’s solicitor in respect of PACE advice provided at the police station. Fees have been paid to Ms McGlinchey’s solicitor totalling £1,700.46 (including VAT of £283.41) for work done in the Magistrates’ Court. The counsel who represented Ms McGlinchey also represented one of her co-accused, therefore the fees paid are in respect of both defendants. It is not possible to disaggregate the payment to reflect the portion of the payment relating to Ms McGlinchey. The total paid to counsel in respect of both defendants is £1,273.01 (including VAT of £212.17). Civil Legal Aid Profit Costs - £1,257.72 (including VAT of £209.62 VAT). Counsel Fees - £360.00 (including VAT of £60 VAT). Outlay - £18.80, solely in respect of photocopying. Total - £1,636.52 Legal Advice and Assistance (Green Form) Scheme Advice Type Amount paid VAT PACE £139.74 £23.83 WA 583
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Written Answers to Questions - Northern Ireland Assembly

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