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Written Statements

Volume 415: debated on Thursday 18 December 2003

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Written Ministerial Statements

Thursday 18 December 2003

Deputy Prime Minister

Regional And Local Referendums

The Minister for Local Government, Regional Governance and Fire
(Mr. Nick Raynsford)

I have today published for consultation draft orders and papers on the arrangements for the forthcoming regional and local referendums:The consultation on registration and spending limits discusses how those wishing to campaign in the referendums (permitted participants) should register and how much money they should be able to spend. This paper will be accompanied by the draft Regional Assembly Referendums and Local Government Referendums (Referendum Expenses Limits for Permitted Participants) Order 2004.The consultation on combining regional and local referendums and on local referendum rules discusses the provisions being made for the combination of polls, the all-postal vote and other electoral issues. It is accompanied by the draft Local Government Referendums (England) Order 2004.Copies of the documents are available in the Libraries of both Houses. They will also be available on the website of the Office of the Deputy Prime Minister.The public consultation will run until 16 February and we would be very grateful for comments on these proposals.

Home Department

Newton Committee

I am today placing the report of the review of the Anti-Terrorism, Crime and Security Act 2001 in the Library of the House.The Act came into force two years ago on 14 December 2001. The outrages committed on 11 th September meant that we faced a new and unprecedented threat. The nature of this threat has been further underlined by the terrorist outrages since then notably in Bali, Singapore, Kenya, Saudi Arabia and most recently Istanbul.The legislation introduced unique—though not unprecedented—powers. It was therefore right that a number of safeguards were put in place including an independent review committee made up of Privy Counsellors. This was established under the Chairmanship of Lord Newton of Braintree. I gave an undertaking that the Committee's report would be laid before Parliament and that both Houses would be able to debate the contents of their report. I am fulfilling the first part of that commitment today by presenting the report to the House at the earliest opportunity and look forward to debating the matters raised in the New Year.

I am grateful to Lord Newton and his Committee members for the work that has gone into this report and to all those who have contributed to the Committee's review. Their role as Privy Counsellors has enabled them to take evidence from a wide range of individuals and organisations including security and intelligence agencies.

At its heart, the Act focuses on ensuring that there are effective powers in place for dealing with international terrorism. These powers complement those already in place under the Terrorism Act 2000. They were, and are, necessary as a direct response to the public state of emergency existing within the United Kingdom following the events of 11th September. The judgement of the Court of Appeal upheld this when considering the appeal against the derogation from Article 5 of the ECHR which was necessary before the key part 4 powers in the Act could be implemented. Other powers in the Act were needed to tackle crime and especially crimes which are closely associated with terrorism.

As the House would expect given the nature of the legislation, the Committee makes a large number of detailed recommendations, which we are now in the process of considering carefully. I will also want to consider the report alongside that of Lord Carlile (the independent review of the Terrorism Act 2000 and Part 4 of the ATCS Act) and the work of the ISC.

Some few of the Committee's conclusions can be implemented straightforwardly and quickly. For example, the Committee's point on statistics relating to the number of individuals detained under part 4 powers is well made—and I will ensure that these and the figures on terrorist arrests, which are already in the public domain, are placed on the terrorism website.

I am also indicating to the House that I am willing to look very positively at many of Committee's other recommendations. For example, we welcome the Committee's recommendation that powers need to be enhanced to tackle identity theft, a crime that the Government have already identified as requiring urgent attention. We also welcome the Committee's support for strengthening measures to tackle terrorist finance. I will be publishing proposals shortly on strengthening our ability to deal effectively with all forms of organised crime.

While I will, of course, look carefully at what the Committee has said in relation to the detention powers in Part 4 of the Act, I am not convinced that the current threat leaves us with any option but to continue to use these powers

Part 4 of the Anti-terrorism Crime and Security Act 2001 introduced exceptional powers to counter the risks to the United Kingdom posed by terrorist activity of the kind that led to the events of 11 September. I have limited the use of the powers to the terrorist threat posed by A1 Qaida and the network of terrorist groups associated with it. The nature of that threat means that it is right to target those powers at foreign nationals. Because of that the specific powers we introduced are only used when an individual cannot be prosecuted and cannot be removed from the UK because of our international obligations, particularly Article 3 of the ECHR. Nonetheless all of those detained are entitled to leave the United Kingdom at any time they chose—if a country is prepared to have them and countenance their presence—as two of those certified have already done.

These were not powers I assumed lightly and I have only done so because of the nature of the threat that exists to the United Kingdom. I have never pretended that they are ideal, but I firmly believe that they are currently the best and most workable way to address the particular problems we face. My first responsibility is to protect the public and I believe that I would be failing to do so if the part 4 powers were removed from the armoury of measures available to protect the United Kingdom from specific terrorist threats. Ten of the detainees have already had their cases reviewed by the Special Immigration Appeals Commission—where they of course have the right to full legal representation—and in each case my judgement in certifying them has been upheld. I fail to see how the public would be adequately protected from those whom SIAC has confirmed are international terrorists by electronic tagging as the Committee has recommended. This is true not least because communication and organisation are as crucial here as custodial protection in a physical sense.

The Committee conclude very firmly that terrorist are criminals—a view which I wholeheartedly support. I therefore do not accept that as a matter of principle we should separate counter-terrorism legislation from mainstream criminal legislation, terrorism does not fit neatly into such boundaries as has been acknowledged in both the original debate on the Act and the findings of the ISC.

The Committee has used the provisions in section 123 to specify that the whole of the Act be considered when we come to debate its renewal. We will, of course, provide the House with the opportunity to do that. The Anti-terrorism and Crime Act 2001 has improved our ability to fight crime and terrorism and the scope and therefore title of the Act reflects that. I accept that my primary duty is the security and protection of citizens of the United Kingdom and that this measure is a key element in achieving that, look forward to a sensible arid informed debate so that we can continue to build on this foundation whilst recognising the need for appropriate safeguards.

Draft Corruption Bill

I am pleased to announce the publication of the Government response to the Joint Committee on the Draft Corruption Bill.The Draft Corruption Bill, which was published for pre-legislative scrutiny on 24 March 2003, was based on proposals from the Law Commission, which were widely welcomed in consultations carried out both by the Law Commission and by the Government. It aims to consolidate and clarify the criminal law on corruption which currently consists of a patchwork of common and statute law, with the latter dating back to 1889.The Government are grateful for the attention given to this draft Bill by the Joint Committee within demanding deadlines. The response, which we are publishing today sets out our reactions to their comments. A revised Bill will be introduced when Parliamentary time permits.

The proposed legislation forms part of our commitment to modernise and consolidate the criminal law and should be seen in the context of a multi-faceted strategy to combat corruption. The elements of this strategy were set out in the statement made to this House on 25 March by Hilary Benn. Progress has been made since then, not only on domestic law but also as regards the international law on corruption. In particular on 9 December the UK ratified the Council of Europe Criminal Law Convention on Corruption and signed the UN Convention Against Corruption.

Yarl's Wood

On 8 December, the Daily Mirror published allegations about the management of Yarl's Wood removal centre including allegations that staff employed by Global Solutions Limited (GSL) at the centre had made racially derogatory remarks about detainees.I take these allegations very seriously. It is of the utmost importance that all staff at immigration removal centres should carry out their duties professionally and sensitively.GSL have mounted an internal investigation of the allegations by a senior manager, and I have asked for a report of the outcome of that investigation. In addition, the issues raised are such that I have concluded that it would be right to have a separate independent investigation, to establish whether there is any truth in the allegations and to assess the implications for the management of Yarl's Wood. Stephen Shaw, the Prisons and Probation Ombudsman, who is already inquiring into the events at Yarl's Wood on 14/15 February 2002, has agreed to undertake such an investigation, to report to me through the Director General of the Immigration and Nationality Directorate. I have asked Mr Shaw to complete this investigation as early as possible in the New Year.

Ian Huntley

Ian Huntley has been found guilty of the horrific murders of Jessica Chapman and Holly Wells. Maxine Carr has been found guilty of conspiracy to pervert the course of justice.No one can imagine the pain which the children's families must have endured. I hope they will find some comfort in the murderer's conviction.I have concerns, however, about the way in which the police handled intelligence about Huntley's past and about the vetting process when he took employment in a local school. I am determined, speedily, to get to the bottom of this.I have asked Sir Michael Bichard, Rector of The London Institute and a former Permanent Secretary at the Department for Education and Employment, to lead an independent inquiry with the following terms of reference:

"Urgently to enquire into child protection procedures in Humberside Police and Cambridgeshire constabulary in the light of the recent trial and conviction of Ian Huntley for the murder of Jessica Chapman and Holly Wells. In particular, to assess the effectiveness of the relevant intelligence—based record keeping, the vetting practices in those forces since 1995 and information sharing with other agencies. Report to me on matters of local and national relevance and to make recommendations as appropriate".

Sir Michael shares with me the view that what is needed here is an independent inquiry which gets quickly to the issues without putting the families and other parties through the stress which something long and drawn out could entail. He will expect full cooperation from all the parties. If he reports to me that this is unforthcoming I will not hesitate to use powers under section 49 of the Police Act 1996 which will allow the inquiry to summon and question witnesses.

Additionally I have asked Sir Keith Povey, Her Majesty's Chief Inspector of Constabulary, to look at an inquiry that the Metropolitan Police conducted into the police investigation and then to work with Cambridgeshire constabulary to implement the recommendations made. I will also want him to look at any lessons that could be learned by other forces facing a similar investigation.

I will consider what further action may be appropriate when I have all the answers to the questions I have asked.

Also my right hon. Friend the Secretary of State for Education and Skills has informed me that the North East Lincolnshire Area Child Protection Committee will be commissioning a serious case review under the Government's guidance "Working Together to Safeguard Children".

The aim of such a review would be to:

establish whether there are lessons to be learned from the case about the way in which agencies in North East Lincolnshire worked together to safeguard children;

identify clearly what those lessons are, how they will be acted upon, and what is expected to change as a result; and as a consequence. to

improve inter-agency working and better safeguard children.

I would hope that the Bichard Inquiry and the serious case review would together address the foil range of issues around safeguarding and protecting children that have arisen from this case.

Foreign And Commonwealth Affairs

Overseas Territories Consultative Council

The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs
(Mr. Bill Rammell)

The fifth annual Overseas Territories Consultative Council, held in London on 8–10 December, provided an opportunity to review, with representatives of the UK overseas territories, progress in implementing the commitments made in the 1999 White Paper, "Partnership for Progress and Prosperity: Britain and the overseas territories" (Cm 4264).Several overseas territory representatives argued, in the context of constitutional reviews currently under way, for a greater devolution of responsibility and reduction in the powers of governors, in some cases amounting to full internal self-government and total abolition of the UK Government's reserved powers. Territory representatives also sought clarification of their rights of self-determination and free association under the terms of the United Nations General Assembly resolution 1541 of 1960.

I and my right hon. Friend the Secretary of State for Foreign and Commonwealth Affairs emphasised that the security and good governance of the overseas territories remains a key foreign policy objective for the UK Government, as indicated in the White Paper "UK International Priorities: A Strategy for the FCO" Cm 6052, published on 2 December. Territories have the right to seek independence, where this is an option, hut, whilst the link with the United Kingdom remains, the UK Government will have to retain sufficient powers to protect its overall responsibility for ensuring good governance and compliance with international obligations and to minimise its contingent liabilities arising from its relationship with the territories. The UK Government consider it important to protect key values, particularly the independence of the judiciary, the political impartiality and integrity of the public service, and sound financial management in the territories. Governors have a key role to play in this.

Trade And Industry

World Trade Organisation General Council

At the Fifth World Trade Organisation (WTO) Ministerial Conference in Cancun (10-14 September 2003), WTO Members agreed to discuss issues further on the 15 December in Geneva.Since Cancun, all WTO members have reiterated their commitment to a successful conclusion to the Doha Development Agenda but it has not been possible for WTO members to bridge their differences. At the meeting in Geneva on 15 December officials from WTO Members agreed to further negotiations in the new year to discuss how to proceed with the Doha Development Agenda.This Government remain fully committed to securing a successful conclusion to the Doha Development Agenda. We will continue to work with our EU partners, the European Commission, and others, taking particular account of the views of developing countries. We are committed to ensuring free and fair trade rules which provide developing countries with the opportunity to trade themselves out of poverty and deliver on our commitments to reduce global poverty and remove trade distortions.

Milk Marque

The Parliamentary Under-Secretary of State for Trade and Industry
(Mr. Gerry Sutcliffe)

I am pleased to confirm that my right hon. Friend the Secretary of State for Trade and Industry and the Competition Commission on the one hand and Milk Marque and the National Farmers Union on the other, have resolved the litigation between them concerning the recommendations of the Competition Commission and the decisions of the Secretary of State for Trade and Industry relating to the supply of milk in the United Kingdom, which preceded the break up of Milk Marque in 1999.The recent ruling by the European Court of Justice in this litigation (Case C 137/00) has clarified the law as regards the relationship between the Common Agricultural Policy (CAP) and the application of English law, in particular the Fair Trading Act 1973 and competition law more generally, in the agricultural sector.The European Court of Justice judgment makes clear the freedom of Member States to apply competition law in the agriculture sector. However, the Court explained that, when they do, Member States must respect the objectives of the CAP, reconciling any conflicts, in such a way that none of the objectives is rendered impossible by any decision taken pursuant to domestic law. As the agricultural and dairy industries seek to come to terms with the effects of CAP reform on future business structures, I believe that all parties consider that the judgment will provide useful guidance for both industry and the UK authorities.Taking into account both this judgment and development in the milk market since 1999, I understand that Milk Marque and the National Farmers Union will not be pursuing their claims further.

General Agreement On Trade In Services

The Government are today publishing a response to the DTFs consultation document "Liberalising trade in services—a new consultation on the World Trade Organisation GATS negotiations". Copies have been placed in the Libraries of both Houses, and are being sent to all who sent us their comments. The response can also be accessed via the DTI website http://www.dti.gov.uk/ewt/. Our response addresses the many issues raised in nearly 800 submissions and explains how they have been and will continue to be taken into account when negotiations resume in the WTO in the New Year.

Education And Skills

Higher Education Research Forum Membership

The Minister of State for Lifelong Learning, Further and Higher Education, Alan Johnson and the Parliamentary Under-Secretary of State for Science and Innovation, Lord Sainsbury of Turville are pleased to announce the establishment of our Higher Education Research Forum to be chaired by Sir Graeme Davies, Vice-Chancellor of the University of London. The membership has been drawn together through nominations from higher education representative bodies and key sector stakeholders and is set out as follows:ChairSir Graeme Davies, Vice-Chancellor of the University of LondonUniversities UKProfessor Malcolm Grant, Vice-Chancellor, University College LondonProfessor Sir Kenneth Caiman, Vice-Chancellor, University of DurhamProfessor David Eastwood, Vice-Chancellor, University of East AngliaProfessor Diana Green, Vice-Chancellor, Sheffield Hallam UniversityProfessor Adrian Smith, Principal, Queen Mary University of London

Standing Conference of Principals (SCOP)

Professor Elaine Thomas, Director, Surrey Institute of Art and Design

Higher Education Funding Council for England (HEFCE)

Sir Howard Newby, Chief Executive of the Higher Education Funding Council for England

Research Councils

Professor Julia Goodfellow, Chief Executive of the Biotechnology and Biological Sciences Research Council

Trade Unions and Professional Associations

Dr Steve Wharton, Association of University Teachers

Liz Alien, National Association of Teachers in Further & Higher Education

National Academies

John Endcrby, Physical Sciences Secretary and Vice-President, Royal Society

Professor Roger Kain, Treasurer and Fellow, British Academy

Confederation of British Industry

Tim Bradshaw, Senior Policy Adviser on Technology and Innovation, CBI

Regional Development Agencies

Frances Hulbert, Director of Skills Policy, North West Development Agency

Learning and Teaching Support Network

Professor Madeleine Atkins, Pro Vice-Chancellor, University of Newcastle upon Tyne

National Postgraduate Committee

Dr Tim Brown of the National Postgraduate Committee

National Teaching Fellow

A National Teaching Fellow will be appointed.

Defence

Fylingdales

In a Written Statement on 5 February 2003, Official Report, columns 11-12WS, I informed the House that the Government had agreed to a US request to upgrade the early warning radar at RAF Fylingdales as part of the US missile defence programme. The Assistant Chief of the Air Staff, on behalf of the Ministry of Defence, has today signed an agreement setting out the management and financial arrangements and responsibilities for the radar upgrade. This agreement is made under the framework memorandum of understanding on missile defence that I announced to the House on 12 June 2003, Official Report, column 57WS, and comes into immediate effect. Design work for the upgrade is already in hand, and upgrade work on site is expected to start in spring 2004, lasting for some 30 months, including testing of the upgraded system and removal of old equipment. I am placing in the Library of the House a copy of this agreement, although one section relating to a technical point on the operation of the radar has been withheld at the request of the US authorities.

Future Attack Submarine Programme

The Minister for Defence Procurement (Lord Bach) announced on 19 February 2003, Official Report, columns WA 175-77, in another place, that the Government had reached an agreement with BAE SYSTEMS on the way ahead for the Astute Class Attack Submarine project. However, at that point, it was accepted that some additional time would be required to establish the underpinning commercial arrangements and we undertook to report back to the House at a suitable moment. I am very pleased to be able to announce that on 17 December, an amended contract implementing the February Agreement was signed by the Ministry of Defence and BAE SYSTEMS.This amended contract, which covers the design and construction of the first three boats, is designed to reduce risk while incentivising the company to improve its performance in delivering the programme. It also covers a number of project management improvements and oversight.Considerable progress has already been made in introducing these improvements and the MOD will be looking to the company to build on this as we jointly restore confidence in the programme. In February, we announced that the ISD for the first of class would be delayed. The company is now formally working to deliver HMS ASTUTE in 2008.

Environment, Food And Rural Affairs

Combined Heat And Power

In compliance with Section 5(1) of the Sustainable Energy Act 2003,1 am specifying a target to source at least 15 per cent. of electricity for Government use from good quality combined heat and power by 2010. My officials will work with departments in early 2004 to agree how they will implement the target, taking into account the extent to which they use electricity generated from renewable sources. By the end of 2005, we will review the validity of the target to ensure it reflects the market's ability to deliver the level of capacity at the right price

Northern Ireland

Criminal Justice System

at a document setting out the Purpose and Aims of the Northern Ireland Criminal Justice System (CJSNI) has been published today. Copies of the Purpose and Aims document have been placed in the Library.The Purpose and Aims were first published in 2001, and the document has been refreshed to reflect the significant work carried out by all the criminal justice organisations in working towards those aims, and towards implementation of the Criminal Justice Review.The publication of the Purpose and Aims demonstrates the commitment of the CJSNI towards delivering a criminal justice system which serves and protects the people of Northern Ireland and in which the whole community can have confidence.

Work And Pensions

Housing Benefit

On behalf of my right hon. Friend the Secretary of State for Work and Pensions I am announcing the publication of performance statistics for local authority administration of housing benefit and council tax benefit (HB and CTB) for the second quarter of 2003–04. A copy of the quarterly statistics for all local authorities in Great Britain has been placed in the Library and has been published on the Department for Work and Pensions web-site at http://www.dwp.gov.uk/asd/other_stats.aspPublishing these statistics is part of our strategy for reforming housing benefit and for ensuring that local authorities are accountable for their performance in administration of housing benefit and council tax benefit.Housing Benefit and Council Tax Benefit performance statistics show that in the second quarter of 2003/4:

127 (31 per cent.) authorities reported meeting the standard of processing new claims, on average within 36 days, compared with 117 (28 per cent.) authorities in the second quarter of 2002/3;
the average reported number of days to process new claims reduced from 58 days in the second quarter of 2002/3 to 50 days in the second quarter of 2003/4;
authorities in the worst quartile of performance reported processing times between 56 and 149 days;
156 (38 per cent.) authorities reported meeting the standard of processing changes in circumstances, on average within nine days, compared to 139 (34 per cent.) in the second quarter of 2002/3;
228 (56 per cent.) authorities reported an improved performance between quarters 1 and 2 at processing new claims.

The statistics are un-audited and are provided quarterly by local authorities to the Department.

Child Poverty

I have today published "Measuring Child Poverty". A copy has been placed in the Library.The Government issued a consultation document in April 2002 to promote debate on how best to build on their existing indicators to measure child poverty in the long term. The document published today outlines a long-term measure of child poverty for the UK. Our conclusions are based on a thorough analysis of the responses to the consultation document and further methodological work. None of this affects any of our existing PSA's which we remain committed to.Our new measure of child poverty will consist of: absolute low income—to measure whether the poorest families are seeing their incomes rise in real terms; relative low income—to measure whether the poorest families are keeping pace with the growth of incomes in the economy as a whole and material deprivation and low income combined—to provide a wider measure of people's living standards. Using this measure, poverty is falling when all three indicators are moving in the right direction.

Transport

Local Transport Settlement

I am announcing today firm allocations for the 116 local highway authorities and six Passenger Transport Authorities in England, outside London, for capital expenditure in 2004/05. This settlement amounts to a £1.86 billion package of funding for local transport, and approval for twenty new major local transport schemes. It will maintain and increase the momentum of our local transport investment programme, building on the £1.6 billion we announced for each of the two previous years.In December 2000 we provided five-year indicative allocations to enable authorities to implement smaller integrated transport and highway maintenance schemes under their local transport plans (LTPs). My announcement today honours those commitments for 2004–05 and also provides additional funds to the authorities that are delivering most effectively against national and local targets, and that have shown the most impressive year-on-year improvement. Only in the case of four authorities whose performance is relatively weak are we providing allocations less than the indicative figures. We are therefore providing the stable funding that is necessary to enable local authorities to deliver effective investment in local public transport and local roads. Authorities undertaking approved major schemes are also being given allocations to cover their spending on these schemes in 2004–05.

The twenty new major local transport schemes we are provisionally or fully approving come on top of the 113 other major schemes accepted since the start of our 10-Year Plan in 2000. I am particularly pleased to announce that several of these new schemes will allow authorities to transform the quality of bus services.

The full list consists of

Getting Northampton to Work, a series of major bus route enhancements;
A509 Isham Bypass, also in Northamptonshire;
Liverpool South Parkway integrated bus/rail interchange;
"Yorcard" smart card scheme across South and West Yorkshire;
Yellow buses for schoolchildren in West Yorkshire;
Luton Town Centre Improvements
Cambridge to Huntingdon Rapid Transit guided bus network;
Translink guided bus in Luton and Bedfordshire;
Upperton Road Viaduct major maintenance scheme in Leicester;
A1056 Northern Gateway Stage 2 in North Tyneside; Freckleton Street Bridge in Blackburn;
JETTS Quality Bus Corridors in Greater Manchester;
Undercliffe Drive restoration on the Isle of Wight;
Central Milton Keynes Public Transport Improvements
Weymouth Relief Road in Dorset;
Tunstall Northern Bypass in Stoke-on-Trent;
Coleshill Multi-modal Interchange in Warwickshire;
Darlaston SDA Access Project in the West Midlands conurbation;
Brierley Hill Access Network also in the West Midlands; Coventry Quality Bus Network

Details of the 2004/05 allocations have been placed in the Libraries of the House. Right hon. and hon. Members representing English constituencies outside London will receive full details for the local transport plan area covering their constituencies shortly, from their regional government Office.