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Written Statements

Volume 421: debated on Thursday 20 May 2004

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Written Ministerial Statements

Thursday 20 May 2004

Home Department

Firearms

The Parliamentary Under-Secretary of State for the Home Department
(Caroline Flint)

Following the Home Secretary's decision not to extend further the life of the Firearms Consultative Committee, we have been considering how best to establish a forum for consultation and to assist in the current review of legislation. We have decided to establish a broad-based Firearms Advisory Committee with around 21 members to be drawn in equal measure from shooting interests; law enforcement/regulation; and organisations and community groups with an interest in the social consequences of firearms use and misuse.The committee's terms of reference will be:

To advise the Home Secretary on the law and policy on firearms, having regard to the need to maintain public safety and prevent criminal misuse and taking into account the interests of legitimate shooters and the efficient, effective administration of controls.

It will be assisted in this task by a technical sub-committee with 12 to 15 members drawn principally from representatives of law enforcement bodies and shooting organisations with knowledge and experience of firearms matters. The sub-committee's terms of reference will be:

To consider the technical and legal aspects of administering and enforcing firearms controls and to make recommendations to the Firearms Advisory Committee on these and such other matters as may be referred to them.

We will be approaching interested organisations and individuals to seek nominations to serve on one, or both, committees with a view to appointing members as soon as possible.

The committee will be asked to submit a report of its work after 12 months and copies will be placed in the Library.

Work And Pensions

Disability Discrimination Act

I have today laid before both Houses, in draft, two codes of practice concerning the provisions of the Disability Discrimination Act 1995 (DDA) relating to employment and associated matters. The codes have been prepared by the Disability Rights Commission (DRC) under section 53A of the DDA.The issue of the new codes is necessitated by changes to the legislation by virtue of the Disability Discrimination Act 1995 (Amendment) Regulations 2003 and the Disability Discrimination Act 1995 (Pensions) Regulations 2003, which transpose requirements of European Council Directive 2000/78/EC concerning disability discrimination, and come into force on 1 October this year.The draft code on employment and occupation covers the provisions of the DDA (as amended) relating to disabled employees, contract workers, police officers, partners in firms, barristers and advocates and persons undertaking practical work experience. The other draft code concerns the duties, under the amended Act, of Trade Organisations and Qualifications Bodies.The new codes will replace the existing ones issued by the Secretary of State in 1996 and 1999, which deal only with employment and trade organisations, respectively. The codes are issued by the DRC, subject to approval by my right hon. Friend the Secretary of State and after laying them in draft before Parliament for 40 sitting days. The codes are intended to give practical guidance to those to whom the relevant provisions of the DDA apply.Section 53A of the DDA provides that failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but that any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under the Act shall be taken into account in determining that question.The draft codes have undergone public consultation, and a report of the process has been published by the DRC on its website.The changes to the legislation from October will bring significant improvements in the rights of disabled people in employment and in vocational training. In particular, they will extend the employment provisions of the DDA to one million additional employers and seven million further jobs, including 600,000 in which disabled workers are already employed, Employers and others with new duties from 1 October have no need to be apprehensive about these new duties, as they will not be required to make unreasonable changes. The new codes of practice will help them to decide what is reasonable in particular circumstances.The Commission will be publishing the codes in advance of the legislative changes coming into force, so that those with new duties under the DDA can consider what reasonable adjustments they may need to make.The intended commencement date is 1 October 2004, to coincide with the date on which the changes to the legislation come into force.

Deputy Prime Minister

Right To Buy (Homes For The Elderly)

The Government has today issued a consultation paper seeking the views of social landlords and tenant groups on its proposals to update guidance issued in 1993 on the exception from the right to buy scheme of homes that are particularly suitable for occupation by elderly persons.From the inception of the right to buy in 1980, certain kinds of property have been excepted from the scheme. These are listed in paragraph 11 of schedule 5 to the Housing Act 1985. One of these exceptions is that a landlord may deny a tenant the right to buy if his home is particularly suitable for occupation by elderly persons, having regard to its location, size, design, heating system and other features paragraph 11 also provides that a tenant denied the right to buy on these grounds may appeal to the Secretary of State. A joint Department of the Environment and Welsh Office circular, issued in 1993, provides guidance on the main points on which the Secretary of State will normally expect to be satisfied when determining such appeals.The Government's Housing Bill proposes that such appeals by tenants living in England should, in future, be determined by a residential property tribunal rather than by the Secretary of State. This will provide administrative benefits but will make no substantive difference to landlords or to tenants who appeal under paragraph 11. Such appeals in Wales will continue to be determined by the National Assembly for Wales. The Government do not propose to change the terms of the exception in paragraph 11 in any way.In support of this transfer of jurisdiction, the Government proposes to review and update the guidance in the 1993 circular. Clearer guidance will benefit both tenants and landlords by reducing ambiguities that have led to unnecessary work, disagreements, and disappointment. Among other things, the Government proposes that landlords should explain the effect of the paragraph 11 exclusion to their tenants, and that elderly tenants who are being rehoused should be advised if in their landlords' view the right to buy would be unlikely to apply to the properties that they are being offered.The responses to the consultation paper will be taken into account in preparing the revised guidance. It is intended that the new circular will be issued by the end of 2004.

Health

Bureaucracy

On 30 October, I announced to the Health Committee that the Department would be conducting a review of its arm's length bodies (ALBs). The first stage of this has now been completed. I wanted to update the House on the decisions that I have taken and how the review will move forward to the next stage.In his Budget speech, my right hon. Friend the Chancellor of the Exchequer remarked on the importance the Government attach to improving public sector efficiency and reducing bureaucracy. In the Budget report, he set out that "the pursuit of efficiency also includes reducing bureaucracy, that both cuts headquarters' administration costs and frees up time of front line professionals to respond better to the needs of their customers". The Department's ALB review needs to be seen in this context and related to the work of Sir Peter Gershon in reviewing public sector efficiency. It is about putting the frontline first, and it is clear from the first stage of the ALB review that, although much good work continues to be done by ALBs, there is considerable scope for improving efficiency and reducing bureaucracy.

The review covers bodies undertaking national functions sponsored by the Department that were in existence or in the pipeline in 2003–04. The 42 ALBs included in the review are listed below. In a full year, ALBs spend more than £2.5 billion and employ more than 22,000 staff. If left unchanged, they would employ about 10 times the number of staff of the Department itself after completion of its change programme. It is clear from the analysis we have done during the first stage of the review that:

there are overlapping and duplicated functions;
there is scope for reducing unnecessary regulatory and policy activities;
back-office functions such as human resources, finance, information technology and estates could be carried out more effectively;
a considerable number of bodies could be merged, thereby reducing overheads and integrating like functions;
some bodies could be moved to a more independent status with greater stakeholder control; and
there is scope for significant efficiency and productivity gains particularly in the area of services acquired centrally for the National Health Service.

The ALB sector has grown over several decades and, as currently constituted, does not best meet the health and social care needs of today and tomorrow. I have therefore asked my Department to take forward with the sector a reform agenda that delivers the following objectives:

maximum devolution of responsibility to front line NHS and social care;
improved efficiency across the sector with minimal bureaucratic overhead;
closer working across the boundaries between health and social care; and
minimised burden of inspection and regulation on health and social care services without reduced effectiveness.

These objectives are aimed at putting the frontline first and improving services for the public while ensuring value for public money.

In light of preliminary findings of the first stage, I have set the parameters for the next stage of this review. These are, against a baseline year of 2003–4:

a 50 per cent., reduction in the number of ALBs;
a saving in expenditure by ALBs of £0.5 billion by 2007–08; and
a reduction in posts of 25 per cent., in the same period.

Changes on this scale will enable considerable extra resources to be redeployed to the frontline. For example another £0.5 billion would provide for four new hospitals, or 20,000 more nurses, or 6,250 consultants, or 7,500 general practitioners.

I recognise that the changes in prospect will cause uncertainty and disruption but they are needed. I intend for the next stage of the review to be completed as quickly as possible, within my parameters, and taking into account the need for proper discussion with the ALBs concerned and the devolved administrations. The Department will be in touch with ALB chairs and chief executives shortly to discuss our ideas for change. We want to work with them on the detail of our proposals over the next two months. We are hoping to complete this next stage by the end of June so that decisions can be announced before the summer recess.

List of ALBs considered in the review ALBs in 2003–04

  • 1.†CHI—Commission for Health Improvement
  • 2. CPPIH—Commission for Patient & Public Involvement in Health
  • 3. CRHP—Council for the Regulation of Health Care Professionals
  • 4. †DPB—Dental Practice Board
  • 5. DVTA—Dental Vocational Training Authority
  • 6. FHSAA—Family Health Services Appeals Authority
  • 7. GSCC—General Social Care Council
  • 8. HDA—Health Development Agency
  • 9. HFEA—Human Fertilisation & Embryology Authority
  • 10. HPA—Health Protection. Agency
  • 11. †MHAC—Mental Health Act Commission
  • 12. MHRA—Medicines & Health Care Products Regulatory Authority
  • 13. NBA—National Blood Authority
  • 14. NBSB—National Biological Standards Board
  • 15. †NCSC—National Care Standards Commission
  • 16. NCAA—National Clinical Assessment Authority
  • 17. NHS AC—NHS Appointments Commission
  • 18. NHS CFSMS—NHS Counter Fraud & Security Management Service
  • 19. NHS Direct
  • 20. NHS Estates
  • 21. NHS IA—NHS Information Authority
  • 22. NHS LA—NHS Litigation Authority
  • 23. NHS Logistics Authority
  • 24. NHS Modernisation Agency
  • 25. NHS PASA—NHS Purchasing & Supplies Authority
  • 26. NHS PA—NHS Pensions Agency
  • 27. NHS Professionals
  • 28. NHSU
  • 29. NICE—National Institute for Clinical Excellence
  • 30. NPSA—National Patients Safety Agency
  • 31. †NRPB—National Radiological Protection Board
  • 32. NTA—National Treatment Agency for Substance Misuse
  • 33. OIR—Office of the Independent Regulator of NHS Foundation Trusts
  • Correspondence from Mps/Peers to Ministers and agency chief executives

    1

    2002

    2003

    Department or Agency

    Target set
    for reply (working days)

    Number
    of letters received

    % of replies
    within target

    Target set
    for reply (working days)

    Number
    of letters
    received

    % of replies
    within target
    Cabinet Office15475731544390
    Department for Constitutional Affairs2202,57754202,74649
    Court Service20230841546495
    15*59378
    HM Land Registry2032100204896
    National Archives31516698153090
    10**619810**34100

  • 34. † PHLS—Public Health Laboratory Service
  • 35. PMETB—Postgraduate Medical Education & Training Board
  • 36. PPA—Prescriptions Pricing Authority
  • 37. †ROC—Retained Organs Commission
  • 38. UKT-UK Transplant
  • †These separate organisations have now gone or are planned to go.

    Others covered by the review

    These are now operational:

  • 39. CHAI—Commission for Health Care Audit & Inspection
  • 40. CSCI—Commission for Social Care Inspection
  • These are planned but not yet operational:

  • 41. Dental Special Health Authority
  • 42. HTA—Human Tissue Authority
  • Cabinet Office

    Regulatory Impact Assessments

    The Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster
    (Mr. Douglas Alexander)

    The Government is committed to ensuring that regulations are necessary, give effective protection, balance cost and risk, are fair and command public confidence. In accordance with this, we require Departments to produce and publish regulatory impact assessments (RIAs) for all regulatory proposals likely to have an impact on business, charities or voluntary bodies.I have today presented to Parliament a Command Paper listing RIAs published between 1 July and 31 December 2003. Copies of those RIAs listed are available in the Library. This is the twentieth such Command Paper.

    Correspondence

    The Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster
    (Mr. Douglas Alexander)

    I am today publishing a report on Departments' and Agencies' performance on handling Members' and Peers' correspondence for 2003. Details are shown in the table. Departmental figures are based on substantive replies unless otherwise indicated.The footnotes on the table provide general background information on how the figures have been compiled.

    Correspondence from Mps/Peers to Ministers and agency chief executives

    1

    2002

    2003

    Department or Agency

    Target set
    for reply (working days)

    Number
    of letters
    received

    % of replies
    within target

    Target set
    for reply (working days)

    Number
    of letters received

    % of replies
    within target

    Public Guardianship Office1526131159588

    *

    Target for correspondence sent direct to Agency Chief Executive.

    **

    Target for correspondence sent direct to Agency Chief Executive.

    Crown Prosecution Service15366851529888
    Department for Culture, Media and Sport184,76783185,46085
    HM Customs and Excise4181,61659182,04062
    Ministry of Defence4155,38183155,56576
    Armed Forces Personnel1518100159398
    Administration Agency Army Personnel Centre151694
    Defence Aviation Repair Agency1014100
    Defence Estates152488
    Defence Housing Executive151479
    Met Office1514100
    UK Hydrographic Office1514100
    Veterans Agency15265991525194
    Department for Education and Skills41515,595841514,42492
    Department for Environment, Food and Rural Affairs1511,241471510,41068
    Food Standards Agency52098113
    Foreign and Commonwealth Office2015,535832030,16880
     UK Visas61510,322981516,96486
    Department of Health72017,942292019,02954
    NHS Pensions Agency156595106384
    Medicines Control Agency153689
    Medicines and Healthcare Products Regulatory Agency102685
    Home 0ffice8

    *

    Non Prison Service correspondence

    1526,053*351537,15358

    **

    Prison Service correspondence

    201,267**(20 days for IND)
    Criminal Records Bureau95632N/A1046192
    HM Prison Service2094277201,43765
    UK Passport Service10132971033779
    Inland Revenue4, 10183,15771182,80381

    *

    Local Tax Office delegated figures (where local tax offices have replied to direct to Mps)

    18439*80181,795*35
    Valuation Office4182075181377
    Department for International Development152,61296153,67688
    Lord President of the Council and Leader of the House of Lord's Office1515596154388
    Legal Secretariat to the Law Officers15378631532565
    Northern Ireland Office10501591050369
    Northern Ireland Prison Service103391104468
    National Savings and Investments4154466152470
    National Statistics420212821519384

    *

    Letters where National Statistician replied on

    *

    Minister's behalf

    1010484
    Office of the Deputy Prime Minister155,52376158,73773
    Planning Inspectorate829190838489
    Office of the Leader of the House of Commons15488951538596
    Scotland Office1511573157387
    Department for Trade and Industry111011,565411514,67858
    Companies House*10451001033100
    Employment Tribunals Service**64693
    Insolvency Service1039896103488
    Patent Office10367981048498
    Radiocommunication Agency12104489
    Small Business Service***

    *

    Letters sent direct to Agency Chief Executive.

    **

    Target date for letters sent direct to Agency = 15 working days.

    ***

    Figures included in main DTI return.

    Department of Transport, Local Government and the Regions157,67183

    Correspondence from Mps/Peers to Ministers and agency chief executives

    1

    2002

    2003

    Department or Agency

    Target set
    for reply
    (working days)

    Number
    of letters
    received

    % of replies
    within target

    Target set
    for reply
    (working days)

    Number
    of letters
    received

    % of replies
    within target

    Department for Transport156,505841510,19688
    Driving Standards Agency1556981510890
    DVLA107299971,02899
    Highways Agency15273961526385
    Maritime and Coastguard Agency1527100103397
    Vehicle Inspectorate1527100
    Vehicle and Operator Services Agency152592
    HM Treasury4154,64778154,03683
    Treasury Solicitor's Department10261001034100
    Wales Office15118971512082
    Department for Work and Pensions2014,297652012,15774
    Appeals Service155288158488
    Benefits Agency2050487
    Child Support Agency203,19451203,52187
    Employment Service157295
    Jobcentre Plus151,10357151,05269
    The Pension Service1551171151,15750
    Disability and Carers Service157491001555499
    Debt Management153086153185
    Child Benefit Centre13202095201191
    Health and Safety Executive1019591

    1 Departments and Agencies which received 10 Mps/Peers letters or less during 2003 are not shown in this table. Holding or interim replies are not included unless otherwise indicated.

    2 DCA is currently undertaking changes to its processes for handling correspondence. In the short term these have lead to delays in response time, but in the longer term will improve the quality of responses. These changes include quality control of all responses, and revising the DCA correspondence monitoring system.

    3 Formerly the Public Record Office.

    4 Includes all Ministerial correspondence.

    5 The statistics for the FSA are dominated by a single lobbying campaign which accounted for almost 70% of its total annual correspondence. The Agency is reviewing its procedures for handling peaks of work arising from such a campaign. Majority of replies are signed by Health Ministers.

    6 2003 figures also include a small number of letters from members of the public.

    7 Department of Health improved its performance to just under 70% in the last quarter of 2003.

    8 Figures include a small number of interim replies relating to correspondence sent to HM Prison Service. 2003 performance figures also include 16,268 cases answered directly by the Director General of the Immigration and Nationality Directorate. Response times to these cases relate to drafting performance only. Figures based on final replies will be available for 2004. Immigration and Nationality Directorate response target was increased to 20 working days with effect from 1 April 2003 to account for the wide geographical spread of offices and the nature of the correspondence which is predominantly about specific cases rather than policy issues.

    9 The CRB target was raised from 5 to 10 working days at the beginning of 2003 to reflect the standard set out in the CRB's Corporate Plan.

    10 Performance suffered due to the exceptionally high volume of correspondence following the introduction of the Working and Child Tax Credits in April 2003 and because early in 2003–04, the Revenue's priority was to get claimants into payment. Since the processing of tax credits claims has been stable, the Revenue has restored normal complaints-handling procedures and increased the resources on its complaints teams. As a result, performance should begin to improve.

    11 DTI increased its response target from 10 to 15 working days with effect from 1 January in line with other main Whitehall departments.

    12 2003 data currently not available because of transfer to OFCOM.

    13 The Child Benefit Centre transferred to the Inland Revenue with effect from 1 April 2003. Figures quoted are for the period 1/1/03 to 31/3/03.