Written Ministerial Statements
Wednesday 14 January 2004
Health
National Service Framework For Renal Services
I am today publishing "National Service Framework for Renal Services, Part One: Dialysis and Transplantation".The national service framework (NSF) programme is a major part of our agenda to tackle health inequalities and to drive up standards across the National Health Service. Part one of this NSF covers dialysis and transplantation; and sets standards and identifies markers of good practice that will help the NHS, and its partners, to manage the demand for renal services, increase fairness of access, and improve choice and quality in dialysis and kidney transplantation.This is an important part of our modernisation programme to improve renal dialysis and transplantation services over the next 10 years. The framework sets out five quality standards to provide a flexible, responsive service that provides patients with better access and choice. It identifies 30 markers of good practice drawn from national and international evidence. This NSF builds on the programme of modernisation set out in the NHS Plan and the national service frameworks for diabetes, coronary heart disease, older people, and children. It reflects the principles of empowering patients and frontline staff contained in the NHS Plan and "Shifting the Balance of Power", and of extending patient choice as set out in "Building on the Best: Choice, Responsiveness and Equity in the NHS" (Cm 6079).This NSF complements "Saving Lives, Valuing Donors—A Transplant Framework for England" and supports our aim to increase the number of kidneys available for transplantation.The five NSF standards for renal services set out a vision of a service that is equitable and integrated, and that provides people with the support they need to make individual choices and to manage their own condition.The NSF for renal services sets out five steps for the NHS to take by 2006:
use national data to support planning and to identify local priorities, including the needs of black and minority ethnic groups;
continue to expand haemodialysis capacity;
join the UK renal registry and take part in national audit;
implement National Institute for Clinical Excellence (NICE) guidance on home haemodialysis;
implement forthcoming NICE guidance on immunosuppressive therapy for transplantation.
In addition we will establish five modernisation programmes to support the implementation and delivery of the NSF. These programmes are to:
re-design the renal dialysis and transplantation workforce;
re-engineer elective dialysis access surgery;
re-design access to hospital (patient transport);
re-design care plans to enable partnership and choice;
re-design the built environment.
We will continue to work with doctors, nurses, allied healthcare professionals, NHS managers and people with renal failure to develop part two of the NSF concentrating on prevention of established renal failure, primary care and care towards the end of life.
Copies of "National Service Framework for Renal Services, Part One: Dialysis and Transplantation" have been placed in the Library.
Constitutional Affairs
British-Irish Council Summit (St Fagans)
My right hon. Friend the Prime Minister led the UK delegation and was accompanied by the Parliamentary Under-secretary of State at the Northern Ireland Office and my right hon. Friend the Secretary of State for Constitutional Affairs.The Council noted the recent elections for the Northern Ireland Assembly and Executive and looked forward to the restoration of the devolved institutions in Northern Ireland, established under the agreement.The main issue for discussion was indigenous, minority and lesser-used languages, and the Council has agreed a programme to take forward joint working in this area. I have placed a copy of the communique in the Libraries of the House.
Home Department
Police Information Technology Organisation (Pito)
I am announcing today that I have commissioned an end-to-end review of the Police Information Technology Organisation (PITO) and its business processes, including its role in the provision of information technology and communications services to the police.PITO is a non-departmental public body established as a body corporate under the Police Act of 1997. PITO was to have been reviewed under the now superseded quinquennial arrangements. We now intend that the review will address itself primarily to an examination of how PITO delivers its organisational objectives of ICT provision to the police. Within that context the review will also examine the current structure of PITO, to determine whether it is appropriate to deliver the best possible provision of ICT to the police service and the criminal justice system.The provision of high quality information and communications technology to the police and the criminal justice system is vital, not only to manage efficiency throughout the system, but also to ensure officers are better equipped to deliver front-line policing. PITO has a key role to play and the purpose of this review is to look at how well its current structure supports that objective and to make recommendations for changes if necessary.I have asked Robert McFarland to lead the review. He has previous experience of public sector reviews, having served on the review of the Crown Prosecution Service in 1998, and having led the review of the Forensic Science Service in 2002–03.
Streets Ahead Initiative
A copy of the Government's response to Streets Ahead—a report on the street crime initiative—has been placed in the House Library.Eight Inspectorates undertook a joint inspection of the progress of the street crime initiative between October 2002 and April 2003. The resulting report—Streets Ahead—was published in July 2003. Copies of the report are also available in the House Library.
Home Detention Curfew Scheme (Hdc)
I am today announcing a change to the home detention curfew scheme (HDC).HDC has been in operation since 1999. It provides an effective and measured transition for offenders moving from custody into the community. Eligible prisoners are subject to a careful risk assessment before any decision is taken to grant them early release. Previous amendments to the scheme have balanced extensions to the period of early release with restrictions designed to maintain public confidence in the scheme as a whole. In April 2003 the then Parliamentary Under-Secretary of State announced an extension of HDC to a maximum of four and a half months. The extension was accompanied by the introduction of a presumption against release for prisoners convicted of certain serious offences—those which the Government consider cause the public particular concern.Prisoners released under the HDC scheme serve the remainder of their custody period at home under electronic curfew, usually from 7pm to 7am. At present there are approximately 3,700 prisoners on electronic tag. The scheme is kept under constant review.Public confidence in the scheme is essential. It is for this reason that the Home Secretary has already made it clear that offenders serving sentences for certain current offences and prisoners with any history of sexual offending must be considered unsuitable for release on HDC unless exceptional circumstances exist. This presumption against HDC will continue to apply.A recent case has highlighted the fact that, in addition, there will be exceptional cases where an offender may be considered unsuitable for HDC even though he or she has not committed one of the offences which give rise to the presumption, if to grant HDC would undermine public confidence in the scheme. This will depend on the circumstances of the particular case.
The Home Secretary has decided that such exceptional cases should be referred to the Chief Executive of the National Offender Management Service who will take the decision whether or not to grant HDC.
Transport
Urban Bus Challenge 2003
I am pleased to announce today the results of the 2003 urban bus challenge competition. A total of £20 million has been awarded to 25 local authorities for 40 schemes which will provide improved local transport in deprived urban areas. This announcement brings to over £53 million the sum awarded under the urban bus challenge scheme, supporting a total of 106 projects. A list of the 2003 awards has been placed in the Library of the House.
Deputy Prime Minister
Planning And Compulsory Purchase Bill
The Government have always been clear that county councils and other authorities with strategic planning expertise would play a key part in preparing draft revisions of regional spatial strategies and in their implementation. Draft planning policy statement 11, which we published for consultation in October, sets out in some detail how the county councils and these other authorities can assist the regional planning body, including exercising functions on behalf of that body within a partnership arrangement.The Planning and Compulsory Purchase Bill already encourages regional planning bodies to enter into arrangements with county councils and these other authorities but it does not require them to do so. The Local Government Association, the County Councils Network and others have expressed concern that, without a guarantee of involvement for county councils on the face of the Bill, their role could be marginalised under the new arrangements.I have discussed with the Association and the County Councils Network how we might secure in legislation our policy intention for the future role of county councils without creating unnecessary bureaucracy or providing opportunities for unreasonable delay or obstruction. I am pleased to announce to the House that, as a result of these discussions, we will be tabling an amendment to the Planning and Compulsory Purchase Bill that is currently in the House of Lords. Whether or not the Bill is amended is ultimately a matter for that House to decide.This amendment would require regional planning bodies to seek advice on the preparation, review and monitoring of the implementation of regional spatial strategies from county councils and other authorities with strategic planning expertise. They would in turn be under an obligation to provide advice, providing that their delivery of services was affected in some way. I would also amend our draft planning policy statement 11 on regional planning to explain in more detail how this would work in practice.The amendment would also allow regional planning bodies to enter into arrangements with counties, other authorities with strategic planning expertise and district councils to carry out functions on behalf of the regional planning body.I am delighted that, in the light of this proposal, the Local Government Association and the County Councils Network have agreed to give their full support to making the new regional planning arrangements a success. I look forward to our promoting together a system that I believe will deliver better strategic plans for our regions in the years ahead.
Growth Areas Fund
"Creating sustainable communities: Making it Happen: Thames Gateway and the Growth Areas" published in July 2003 announced outline plans for a £164 million package for the three newer growth areas of Ashford, Milton Keynes-South Midlands, and London/Stansted/ Cambridge. Commitments were made then to fund individual schemes to a total value of £88 million.I am announcing today detailed allocations for a further £63 million from the £164 million package. This includes £11.5 million allocated to environmental projects in Ashford, Milton Keynes/South Midlands and London/Stansted/Cambridge to kick start the Government's long-term vision for green spaces. They will improve landscapes, country footpaths and valuable habitats in those areas. More than £50 million has been awarded to 18 other projects to provide key transport and economic infrastructure for three growth areas.The flagship schemes announced today include the following green developments:
A completely new country park to be created on farmland at Coton, west of Cambridge, improving the quality of the green belt and providing a green buffer between Cambridge and the village of Coton.
A £1.5 million kickstart to the new River Nene Regional Park in Northamptonshire.
Three new areas of woodland and a new cycle path through the Forest of Marston Vale, improving poor quality land and providing green buffers between the growing towns of Bedford and Milton Keynes.
Protecting and improving valuable habitats, including chalk downland at Dunstable Downs, and fenland at Wicken, north of Cambridge.
New footpaths and bridges to improve access to the Lee Valley Regional Park in north-east London.
Key improvements to infrastructure announced today include:
The sum of £9.5 million for the London-Stansted-Cambridge growth area, bringing the total to over £20 million. New projects will provide access to new housing sites on Cambridge's southern fringe, and will fund design and preparation work for the Cambridge to Huntingdon guided bus, recently awarded £65 million by the Department for Transport.
Over £35 million for the Milton Keynes South Midlands growth area. Flagship schemes include £10.6 million for the construction of a new access road and bridge to enable early delivery of 3,400 new homes in Wellingborough and £5 million for a new road at Bedford, which together with funding from the Department for Transport and English Partnerships will enable 3,450 to be provided which would not otherwise go ahead.
The sum of £2.8 million for schemes to support job creation and improve the urban environment in Corby, £1.7 million to improve the town centre in Aylesbury and £3 million to regenerate the historic Bletchley Park complex.
An additional £4.5 million to kick start the regeneration of Ashford town centre, on top of the £9 million announced in July, 2003.
A further £19.5 million has been set aside for further schemes in the London/Stansted/Cambridge corridor, details of which we will announce in April 2004.
Full details of the projects announced today will be available in the Libraries of both Houses.
Foreign And Commonwealth Affairs
Export Licence Applications (Iraq)
Following consultation with the Foreign and Commonwealth Office and the Ministry of Defence, the Department of Trade and Industry recently approved further licences to export Military List Goods to Iraq. The arms embargo against Iraq remains in place under United Nations Security Council resolution 1483 (2003), with the exception of
Accordingly, Her Majesty's Government consider it appropriate to grant exemptions for the export of:"arms and other related material required by the (Coalition Provisional) Authority to serve the purposes of this and other related resolutions".
(i) smoke grenades which are to be used by private security firms contracted to provide close protection for employees of the Coalition Provisional Authority (CPA) and
(ii) small arms ammunition which is to be provided to the Coalition Provisional Authority for use by the Ministry of the Interior in Iraq.
These exports are consistent with the Consolidated EU and National Arms Export Licensing Criteria. Future applications will continue to be assessed on a case by case basis against the UN Embargo and Consolidated Criteria, taking into account the circumstances prevailing at the time.
Export Licence Applications (Democratic Republic Of The Congo)
Following consultations with this Department, the Department for International Development and the Ministry of Defence, the Department of Trade and Industry issued a licence for the export to the Democratic Republic of the Congo (DRC) of bomb disposal suits and equipment. This equipment will be used by the Royal Nepalese Army, who are part of the Ituri Brigade of the UN Mission in the DRC (MONUC).UN Security Council Resolution (SCR) 1493 (2003), adopted on 28 July 2003, implemented an embargo on the provision of arms and any related material to all armed groups operating in the east of the country. Operative Paragraph 21 of the SCR provides an exemption to the embargo for "supplies to MONUC…".
Trade And Industry
Employment Regulations (2004)
The Department of Trade and Industry is helping business and other stakeholders adapt to changes to employment law and practice. Beginning in 2004, the DTI will implement those changes, which arise from within the UK and on which the Department leads, on only two dates in each year. It will also say at the beginning of each year, through an annual statement of forthcoming employment regulations, what those changes are expected to be.The two common commencement dates are:
April 6—the start of the tax year
October 1—when the minimum wage is revised
The harmonisation of commencement dates is intended to ensure that changes to employment policy are made in a co-ordinated fashion and to provide businesses, employee representatives and individuals with greater clarity and awareness about when changes will be made. This should assist all parties to plan for new measures and help implement them effectively. Other Government Departments are considering how they might follow the DTI's lead where appropriate.
This first annual statement details changes to employment law and practice that are due to commence in 2004 where DTI has the lead. It comprises of four Sections:
Section A details changes to employment law and practice that are due to commence on 6 April 2004
Section B details changes to employment law and practice that are due to commence on 1 October 2004
Section C details employment regulations arising from Europe where the coming into force date is different and not aligned to either common commencement date
Section D details other key activity by DTI that will impact on the employment law framework in 2004 and beyond.
Further information on employment laws and the supporting framework is available on the DTI website http://www.dti.gov.uk/er/
Section A
Regulations to commence on 6 April 2004
Section A details changes to employment law and practice that are due to commence on 6 April 2004.
6 APRIL '04 CONDUCT OF EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES REGULATIONS
These regulations will apply to the private recruitment industry and will largely update the existing requirements that govern their conduct. Regulations that are out of date and unnecessary are being repealed.
Further information: www.dti.gov.uk/er/agency.htm
6 APRIL '04 EXTENSION OF ACAS ARBITRATION SCHEME TO SCOTLAND
ACAS presently provides an arbitration service to resolve complaints concerning unfair dismissal and flexible working, as an alternative to resolution at Employment Tribunal in England and Wales. This Order will provide arbitration for complaints arising in Scotland. It only impacts on those employers and employees in Scotland who are seeking to use arbitration to resolve a complaint.
Further information: www.acas.org.uk
6 APRIL '04 MATERNITY LEAVE AND PATERNITY, AND ADOPTION LEAVE AND PAY REGULATIONS
Technical amendments to fine-tune the operation of the new laws for working parents introduced in April 2003
Further information:
http://www.dti.gov.uk/workingparents/
6 APRIL '04 REGULATIONS TO AMEND THE NATIONAL MINIMUM WAGE TO INTRODUCE NEW FAIR PIECE RATE REGIME
The amendments introduce a system of fair piece rates for output workers (workers that are paid according to how many pieces they produce). Output workers will either have to be paid the minimum wage for all hours worked, or paid under a system called rated output work.
Further information: www.dti.gov.uk/er/nmw
Section B
Regulations to commence on 1 October 2004
Section B details changes to employment law and practice that are due to commence on 1 October 2004.
1 OCTOBER '04 ANNUAL REVISION OF NATIONAL MINIMUM WAGE
The Low Pay Commission has recommended that on 1 October 2004 the National Minimum Wage should rise to £4.85 per hour for adult workers and £4.10 per hour for those aged 18–21. It is due to report on any fine-tuning of this recommendation in light of economic conditions in February 2004.
The Government have also asked the Commission to report by February 2004 on the possible introduction of a minimum wage for workers aged 16 and 17. It is possible that a new minimum wage rate may be introduced for this group in October 2004. The Government will not make any decision until the Commission has reported.
Further information: www.dti.gov.uk/er/nmw
1 OCTOBER '04 DISPUTE RESOLUTION REGULATIONS
The regulations will introduce new statutory procedures to encourage the resolution of dismissal, disciplinary and grievance disputes in the workplace.
Further Information:
www.dti.gov.uk/er/disputeresolution.htm
1 OCTOBER '04 DISCIPLINE AND GRIEVANCE CODE OF PRACTICE
To take account of the new statutory procedures a revised version of the widely-used ACAS Code of Practice will take effect. The Code of Practice sets out practical advice and guidance for dealing with disciplinary and grievance matters in the workplace.
Further information: www.acas.org.uk
1 OCTOBER '04 EMPLOYMENT APPEAL TRIBUNAL (EAT) RULES
Amendment of existing EAT Rules arising out of the Employment Act 2002 relating to the handling of costs and expenses. The EAT President has also tabled proposals for changes to the appeal process. The changes will only impact on employers and employees who are resolving a dispute at the EAT.
Further information:
www.employmentappeals.gov.uk
1 OCTOBER '04 EMPLOYMENT TRIBUNAL (CONSTITUTION AND RULES OF PROCEDURE) REGULATIONS
The new regulations and rules of procedure will seek to modernise the tribunal system and render it more efficient. The regulations will cover both England and Wales, and Scotland and will impact on employees and their employers who are seeking to resolve a dispute at an employment tribunal.
Further information:
www.dti.gov.uk/er/individual/etregs_consult. htm
1 OCTOBER '04 EMPLOYMENT TRIBUNALS: NEW APPLICATION FORMS
Both applicants and respondents (typically employers) will be required to use new forms when dealing with an employment tribunal case. These new forms will require both parties to share more information earlier in the tribunal process. The changes will impact on employees and their employers who are seeking to resolve a dispute at an employment tribunal.
Further information:
www.employmenttribunals.gov.uk
1 OCTOBER '04 EQUAL PAY ACT, RULES OF PROCEDURE IN EQUAL VALUE CLAIMS
The regulations simplify and streamline the complex rules of procedure relating to equal value tribunal cases. The aim is to speed up the independent expert procedure that presently can cause delay.
Further information:
www.womenandequalityunit.gov.uk/legislation
1 OCTOBER '04 EQUAL PAY ACT, "NO REASONABLE GROUNDS" PROVISION
A short set of regulations will amend the "no reasonable grounds" provision in the Equal Pay Act, in order to clarify it.
Further information:
www.womenandequalityunit.gov.uk/legislation
1 OCTOBER '04 TUPE REGULATIONS (PROBABLE)
The revision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) take on board amendments to the EC Acquired Rights Directive and will provide more clarity over whether or not the regulations apply to particular contracting-out or analogous situations. They will apply to all businesses in England, Wales, Scotland and Northern Ireland.
Note: It is possible that the commencement of the regulations may not take place until 2005.
Further information:
http://www.dti.gov.uk/er/individual/tupe-p1699.htm
Section C
Other regulations arising from Europe which are not aligned to either common commencement date
The commencement dates of regulations arising from Europe are not fully within the control of the DTI. Section C details employment regulations arising from Europe where it has not been possible to align the coming into force dates with either of the two common commencement dates.
AUGUST '04 WORKING TIME: JUNIOR DOCTORS
Provisions in the existing Working Time (Amendment) Regulations 2003 which cover doctors in training will commence on 1 August 2004.
Further information:
www.dti.gov.uk/er/work_time_regs/wtr2.htm#special
8 OCTOBER '04 THE EUROPEAN COMPANY STATUTE
The Regulation for the European Company Statute, which is entirely voluntary, takes direct effect in all Member States on 8 October. The Regulation is supplemented by a Directive covering the employee involvement arrangements that apply to a European Company. The regulations implementing the Statute will also implement the Directive. It is not possible to align the date with either common commencement date.
Further information:
www.dti.gov.uk/cld/condocs.htm
Section D
Other key activity
Section D highlights other key activity by DTI that will have an impact on the employment law framework in 2004 and beyond. This is not intended to be a comprehensive list. Detailed information on new and existing employment regulations and policies is available on the DTI website www.dti.gov.uk/er
2004 CONSULTATIONS IN 2004
Details of new employment policies and issues under consultation are available on the DTI website. The web page is updated regularly and contains an option to be notified by email whenever a news items is added.
Further information:
www.dti.gov.uk/er/hot_topics.htm
2004 EMPLOYMENT RELATIONS BILL 2003
A new Bill on employment relations is currently being taken forward by Parliament. The Bill is mainly concerned with collective labour law and trade union rights. It is too early to say with certainty when any employment regulations arising from the Bill will commence which will depend on when the Bill receives Royal Assent.
Further information:
www.dti.gov.uk/er/erbill_2003.htm
ANNUALLY (1 FEBRUARY '04) ANNUAL REVISION OF EMPLOYMENT TRIBUNAL AWARD LIMITS.
The law requires the upper limits of the various employment tribunal awards and payments to vary in line with the movement of the Retail Prices Index. These annual changes take effect on 1 February each year and impact on employees and their employers who seek to resolve a dispute at an employment tribunal.
Further information:
www.dti.gov.uk/er/pay/limits-p1827.htm
ANNUALLY REVISION OF THE STANDARD RATES OF STATUTORY MATERNITY PAY (SMP), STATUTORY (4 APRIL (04)) PATERNITY PAY (SPP) AND STATUTORY ADOPTION PAY (SAP)
The standard rates of SMP, SPP and SAP are to be increased to £102.80 per week (or 90 per cent. of the person's average weekly earnings if that is less than £102.80). The changes will be included in the Department for Work and Pensions annual uprating order—the Social Security Benefits Uprating Order 2004. For 2004, the increased rates will apply from Sunday 4 April. This is because SMP payment weeks typically begin on a Sunday and follows the precedent for previous years.
Further information:
www.dti.gov.uk/workingparents
SPRING 2005 INFORMATION AND CONSULTATION DIRECTIVE
Implementation of the Information and Consultation Directive, which gives employees in larger firms new rights to information and consultation about the business and the prospects for employment. The intention is to publish a revised version of regulations and draft guidance early in 2004, and to lay the final version of the regulations in Parliament when the Employment Relations Bill has received Royal Assent in 2004. The legislation will come into force in Spring 2005.
Further information:
www.dti.gov.uk/er/consultation.htm
2005 EQUAL TREATMENT DIRECTIVE
Implementation of the amended Equal Treatment Directive, which requires equal treatment for men and women. It strengthens the principle of equal treatment contained in the 1976 Equal Treatment Directive. It takes a similar line, where appropriate, to the Employment and Race Directives under Article 13. Further consultation will take place during 2004. Legislation will come into force no later than October 2005.
Further information:
www.womenandequalityunit.gov.uk/legislation
OCTOBER 2006 AGE DISCRIMINATION LEGISLATION
Implementation of the elements of the European Discrimination Directive which will outlaw discrimination in employment on the grounds of age. The aim is to make draft regulations by end 2004, after further consultation in the Spring. To allow businesses and employee representatives sufficient time to prepare for the changes, the regulations will not be brought into force until October 2006.
Further information:
www.dti.gov.uk/er/equality/age.htm
Notes
The harmonisation of the commencement dates of employment regulations stems from a recommendation in the Better Regulation Taskforce 2002 report "Employment Regulation: Striking a balance". The Taskforce reported that a common complaint by employers was that changes to employment policy seem to happen in an uncoordinated fashion. It proposed common commencement dates for employment policy.
The Secretary of State for Trade and Industry announced on 31 March 2003 that the DTI would take the following action:
6 April (the beginning of the tax year) and 1 October (when the minimum wage is revised) will become the two set commencement dates for domestic employment regulations for which the DTI is responsible.
For European legislation there will be a three stage approach:
(i) the "coming into force" dates in 2003, which have been in the public domain for some time, will remain unchanged;
(ii) from January 2004, the DTI will plan the "coming into force" dates for Directives where deadlines have already been set, but which have not yet been implemented, on a case-by-case basis;
(iii) the DTI will aim to negotiate three-year transposition deadlines for future EU Directives so that it will have enough time to consult and still align with the two set dates.
Beginning in 2004, DTI will publish an annual statement of forthcoming employment regulations every January.
The DTI will ask central Government to foster inter-departmental co-operation with these changes.
In Budget 2003 the Chancellor said other Government Departments should adopt the same approach.
An email alert system (www.dti.gov.uk/email/subscribe.htm) is now available on the DTI website for users to subscribe. Over 3,000 people have already registered.