HC Deb 10 July 2002 vol 388 c1026W
Dr. Naysmith

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans she has to require employers to give paid leave to Justices of the Peace in their employment; and if she will make a statement. [67666]

Yvette Cooper

The Lord Chancellor has no such plans. Section 50 of the Employment Rights Act 1996 requires employers to allow reasonable time off for undertaking magisterial and other duties. Many employers do allow time off with pay, but where they do not, a magistrate may claim financial loss allowance at a fixed rate.

The Lord Chancellor has taken initiatives in the past, including a handbook for employers, produced in collaboration with the Magistrates Association to encourage employers to play an active part in the local community by allowing time off for staff to undertake magisterial duties. He will consider further ways of encouraging the support of employers as part of a national recruitment strategy.

Dr. Naysmith

To ask the Parliamentary Secretary., Lord Chancellor's Department if she will revise the provisions under the guidance notes on justices' allowances, so as to base the daily allowance for loss of earnings on actual earnings; and if she will make a statement. [67665]

Yvette Cooper

The financial loss allowance is based on average earnings. I appreciate this may not fully compensate some justices for the loss they suffer, but using this method is considered the most equitable way of striking a balance to cover the differing trades and professions within the magistracy.