Department for Constitutional Affairs Resource Accounts for the Year
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Resource Accounts for the year ended 31 March 2006 Department for Constitutional Affairs Resource Accounts for the year ended 31 March 2006 Presented pursuant to the Government Resources and Accounts Act 2000, Chapter 20, Section 6 Ordered by the House of Commons to be printed on 12th October 2006 HC 1605 LONDON: The Stationery Office £13.85 © Crown Copyright 2006 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected] Department for Constitutional Affairs Resource Accounts 2005-06 Contents Annual Report 1 Management Commentary 5 Remuneration Report 13 Statement of Accounting Officers’ Responsibilities 24 Statement on Internal Control 25 Certificate and Report of the Comptroller and Auditor General to the House of Commons 31 The Accounting Schedules: Statement of Parliamentary Supply 33 Operating Cost Statement 34 Balance Sheet 36 Cash Flow Statement 37 Consolidated Statement of Operating Costs by Departmental Aims and Objectives 37 Notes to the Accounts 40 Department for Constitutional Affairs Resource Accounts 2005-06 Annual Report The Department for Constitutional Affairs (DCA) For purposes of the Department’s Resource is the Government department responsible for Accounts, the ‘Consolidated’ accounts upholding justice, rights and democracy. DCA’s represent those for the central Department as role is to drive forward the reform and defined above, while the ‘Core’ Department improvement of the legal and justice system in accounts excludes the two executive agencies. England and Wales. It is responsible for This accords with HM Treasury requirements. upholding the rule of law and for reforming and Entities within the accounting safeguarding the constitution so that they serve boundary of the Department the public effectively. 1 April 2005 saw the creation of the DCA’s new Central Department executive agency, Her Majesty’s Courts Service • Department for Constitutional Affairs (HMCS). HMCS manages a total of 650 courts Headquarters across England and Wales and employs more Responsible for supporting Ministers in policy, than 20,000 people. funding and regulatory functions as well as Principal Activities providing key services to intra-departmental entities. DCA administers the courts and tribunals in England and Wales and the legal aid budget Executive Agencies: (through sponsorship of the Legal Services Commission). • Her Majesty’s Courts Service (HMCS) Central to the delivery of justice, it is The central Department consists of a responsible for the administration of the headquarters, two executive agencies and a court system (including magistrates’ courts) number of associated offices. While in England and Wales. consolidated within the Department’s Resource Accounts, the two executive agencies also • Public Guardianship Office (PGO) publish separate agency accounts. Decisions Assists in the protection and administration relating to the day-to-day running of them of the financial affairs of individuals with remain the responsibility of their individual Chief mental incapacity. Executives. Associated Offices: The associated offices are controlled and monitored by the Department. While some • Office of the Official Solicitor and report financial performance in separate annual Public Trustee reports, only the Office of the Legal Services • Office of the Legal Services Ombudsman Ombudsman and the Office of the Legal Services Complaints Commissioner prepare • Office of the Legal Services Complaints separate statutory accounts that are audited by Commissioner the Comptroller and Auditor General. • HM Inspectorate of Court Administration The administrative functions of the Scotland • Law Commission Office (including the Office of the Advocate General for Scotland) and the Wales Office also • Council on Tribunals fall under the DCA umbrella. • Office of the Judge Advocate General • Judicial Studies Board • Commission for Judicial Appointments 1 Department for Constitutional Affairs Resource Accounts 2005-06 Scotland Office Ministers, Senior Officials and report • Scotland Office on operation of the boards Promotes the devolution settlement and represents Scottish interests within the UK Ministers Government. The Secretary of State and Lord Chancellor is • Office of the Advocate General for Scotland the Rt Hon Lord Falconer of Thoroton. For the Provides legal services and bridges the gap period from 1 April 2005 until the General between Scottish and British legal issues. Election held on 5 May 2005, he was supported by three Parliamentary Under Secretaries: Executive non-departmental public bodies: Baroness Ashton of Upholland, David Lammy MP and Christopher Leslie MP. Following the • Boundary Commission for Scotland General Election and with effect from 9 May, he Reviews the parliamentary constituencies in was supported for the remainder of the financial Scotland. year 2005-06 by a Minister of State, the Rt Hon • Commission on Boundary Differences and Harriet Harman QC, MP and two Parliamentary Voting Systems in Scotland Under Secretaries, Baroness Ashton of The Commission’s remit is to examine the Upholland and Bridget Prentice, MP. consequences of having four different Whilst the administrative functions of the systems of voting in Scotland, and different Scotland Office and the Wales Office lie with boundaries for Westminster and Scottish DCA, responsibility for the relationship between Parliament constituencies. Westminster and the devolved administrations in Edinburgh and Cardiff remained with, Wales Office respectively, the Secretary of State for Scotland • Wales Office (the Rt Hon Alistair Darling MP), and the Promotes the devolution settlement and Secretary of State for Wales (the Rt Hon Peter supports the representation of Wales within Hain MP). the UK Government. The Parliamentary Under Secretary for Scotland Executive non-departmental public (Anne McGuire MP until 9 May 2005, David bodies outside the accounting Cairns MP from 10 May 2005) and the boundary Parliamentary Under Secretary for Wales (Don Touhig MP until 9 May 2005, Nick Ainger MP • Legal Services Commission from 9 May 2005) are Ministers of the Oversees the administration of legal aid in Department, but report to the Secretary of State England and Wales. for Scotland and Wales respectively. The • Information Commissioner’s Office Advocate General for Scotland, (until 18 Reports to Parliament on aspects of data January 2006, Baroness Clark of Calton QC), is protection and freedom of information. also a Minister of the Department. Following the resignation of Baroness Clark on 18 January Both executive non-departmental public bodies 2006 to become a judge in Scotland, the fall outside the accounting boundary and functions of the Advocate General were prepare separate accounts that are audited by temporarily conferred on the Secretary of State the Comptroller and Auditor General. for Scotland under s 87 (3) of the Scotland Act Three sister Departments, the Northern Ireland 1998. On 21 March 2006, Neil Davidson QC Court Service, HM Land Registry and The was appointed Advocate General for Scotland. National Archives, also report to the Secretary of State for Constitutional Affairs. Each of these has a separate Parliamentary Estimate and prepares separate accounts. 2 Department for Constitutional Affairs Resource Accounts 2005-06 Changes since the end of the financial year Moorhouse, Director General Finance; John Lyon, CB, Director General, Legal and Judicial On 5 May 2006, Vera Baird QC, MP was Services; Rod Clark, Director General, Strategy; appointed as an additional Parliamentary Under Sir Ron De Witt, KB, Chief Executive of Her Secretary. Also on 5 May 2006, Baroness Majesty’s Courts Service; Lucian Hudson, Ashton was appointed a member of the Privy Director of Communications; Clare Dodgson, Council. On the same date, the Rt Hon Douglas Chief Executive, Legal Services Commission Alexander was appointed Secretary of State for (until 31 May 2005); and Moira Wallace, Chief Scotland. Executive, Office of Criminal Justice Reform (until 2 November 2005). Clare Dodgson was The Departmental Boards replaced on the board by Brian Harvey, Acting For the period 1 April 2005 to 16 May 2005, Chief Executive of the Legal Services Ministers were supported by a Corporate Board Commission with effect from 1 September of executive and non-executive members, 2005. Moira Wallace was replaced by Jane led by the Permanent Secretary, Alex Allan. Furniss, Acting Chief Executive of the Office of Executive membership of the Corporate Board Criminal Justice Reform, with effect from 2 comprised: Alex Allan; Ian Magee, CB, Chief November 2005. Executive (Operations) and Second Permanent Independent non executive membership of the Secretary; Barbara Moorhouse, Director Ministerial Executive Board comprised: Sir General, Finance; Sir Ron De Witt, KB, Chief Peter Bonfield, CBE; Trevor Hall, CBE; the Rt Executive, Her Majesty’s Courts Services; Clare Hon Lord Justice Judge (until 27 November Dodgson, Chief Executive, Legal Services 2005); the Hon Barbara Thomas; and Professor Commission; John Lyon, CB, Director