Written Ministerial Statements
Thursday 23 June 2005
Constitutional Affairs
Freedom of Information Act
My noble Friend the Parliamentary Under-Secretary of State has made the following written ministerial statement.
"Today I have deposited copies of The Freedom of Information Act 2000—Statistics on Implementation in Central Government January to March 2005 in the Libraries of both Houses".
This is the first quarterly bulletin produced by DCA monitoring of the performance of central Government and associated bodies under the Freedom of Information Act 2000.
Public Guardianship Office
My noble Friend the Parliamentary Under-Secretary of State has made the following written ministerial statement.
"The following list sets out the key performance targets that have been set for the Public Guardianship Office for 2005–06.
KPI 1: To increase the satisfaction of its customers in the delivery of its services as measured by customer surveys throughout the year.
Targets:
To achieve an overall satisfaction rating of 75 per cent.
To reduce dissatisfaction amongst each of the PGO's different customer groups by 10 per cent.
KPI 2: To increase the proportion of effective visits by the Lord Chancellor's visitors.
Targets:
New clients
To visit all new clients within six months of the order appointing the receiver being sent and to initiate any necessary action arising from the visit within one calendar month.
To visit 10 per cent. of clients within 12–18 months of a short order direction.
Existing clients
To undertake visits to existing clients as follows:
10 per cent. of clients within 18 months of a case transfer direction;
annually where the chief executive of the PGO is the receiver;
a repeat visit after three years where the receiver is still in place;
a repeat visit when necessary based on recommendations made by a Lord Chancellor's visitor; and
other visits as directed by the Court of Protection or requested by the PGO.
In total, the PGO anticipates that these criteria will result in approximately 9,500 visits.
Effective visits
To achieve 80 per cent. effective visits over the year. An effective visit is one where:
the visit is carried out within six months of the request being made; and
recommended action is initiated within one calendar month of the visit.
To increase the sample of telephone interviews with receivers or persons present at the visit from 10 per cent. to 20 per cent. by July 2005.
KPI 3: To maintain an effective system to collect and review accounts, and use this process to review the case management regime to ensure that it is meeting the needs of each customer and client.
Targets:
To collect 60 per cent. of accounts, in all cases where an account is properly due, within two calendar months of the accounting end date; 85 per cent. within four calendar months of the accounting end date; and 95 per cent. within six calendar months of the accounting end date.
To complete the review of, or to have requested further information for, 100 per cent. of accounts within 20 working days of receipt.
To complete the review of 75 per cent. of furthered on accounts (i.e. those where further information is needed) within 30 working days of the request for additional information.
No case will have two accounts outstanding unless the Court of Protection has directed otherwise.
KPI 4: To deliver an improved service to clients.
Targets:
Correspondence
To respond to:
60 per cent. of correspondence within five working days of receipt;
80 per cent. of correspondence within 10 working days of receipt; and
98 per cent of correspondence within 15 working days of receipt.
Release of funds
To work with receivers to ensure they have access to funds to support the client for a year at a time. Where requests for release of funds are made over and above this, PGO will give directions to the Court Funds Office (CFO), or dispatch directions to the receiver within five working days in 80 per cent. of cases and within 10 working days in 95 per cent. of cases; or explain why it cannot release funds.
Applications for Receivership
Providing it has all the appropriate forms and information required in support of an application, PGO will list a case for hearing and notify the applicant within 10 working days in 95 per cent. of cases.
The hearing date will be within 35 working days of the date the hearing was listed in 95 per cent. of cases.
After the hearing, PGO will notify applicants of the outcome of the hearing and request any further information the Court requires within five working days in 95 per cent. of cases.
PGO will issue orders within 10 working days in 95 per cent. of cases where all information and documents have been received.
Closing cases
Where a client dies and PGO has a complete application for final directions, PGO will prepare and dispatch directions to transfer assets to personal representatives within 15 working days in 80 per cent. of cases, within 20 working days in 98 per cent. of cases.
Enduring Powers of Attorney
PGO will register and return 98 per cent. of correctly lodged EPAs, where there are no objections, within five working days of the end of the statutory waiting period.
Accuracy of Orders
PGO will ensure that the level of orders returned with errors is less than 3 per cent.
Case Transfer to Short Order Regime
In 85 per cent. of cases identified for consideration for a short order regime, the case will be referred to the Court of Protection within 15 working days for a decision to be made. Where the court directs a transfer, initiating action will be effected within 10 days of the decision in 95 per cent. of cases.
KPI 5: To demonstrate improvements in efficiency in value for money terms by meeting a unit cost target for undertaking each case in each of the three business streams as follows:
Targets:
Enduring Powers of Attorney—£114 per case;
Appointing and Supervising Receivers—£540 per case; and
Receivership of Last Resort—£8,000 per case."
Defence
Sexual Harassment (Armed Forces)
The Chief of the Defence Staff and I have today signed an agreement with the Equal Opportunities Commission (EOC) setting out measures to prevent and deal with sexual harassment in the armed forces.
We have been in discussion with the Equal Opportunities Commission for several months about this issue. The agreement is a result of these very positive discussions and commits us to review our policies and procedures in a rigorous time-frame
Our policies already make clear that harassment and bullying of any kind will not be tolerated. Nevertheless, we accept that cases of sexual harassment do occur in the armed forces and that more needs to be done to address this issue. Accordingly, we look forward to working with the Commission to achieve the outcomes and targets set out in the agreement.
A copy of the agreement will be deposited in the Library of the House and it will be published on the Department's internet site.
Call-Out of Reservists for Iraq
In line with our policy of employing reservists as an integral component of the armed forces, we shall shortly begin mobilising approximately 600 of them to replace existing reservists serving in support of our operations in Iraq (Op TELIC).
Reservists currently deployed in Iraq carry out a range of activities including medical support, force protection duties and providing individual reinforcements to units. We anticipate that most of these tasks will continue. The callout will, however, involve fewer Reservists than our previous callout for Op TELIC announced in December 2004 (which involved 900 Reservists), due to a reduced number of individual reinforcements to regular units, and the replacement of the reserve field hospital with a regular one.
We plan to issue the callout notices for Reservists in phases and aim to give individuals 28 days notice of call-up (other than for those who may volunteer to be mobilised at shorter notice). As is customary, to ensure that we successfully mobilise the required number, we will need to issue a greater number of callout notices than the actual requirement. So, while this announcement calls for the mobilisation of about 600 reservists, it is by no means certain that all 600 will be deployed in Iraq.
Mobilisation will be followed by a period of individual, pre-deployment and collective training, integration into receiving units, and then a short period of pre-deployment leave. Deployment to theatre will begin in mid-October. The majority of those called out can expect a deployed tour of six months and a total period of mobilisation, including post-tour leave, of about 10 months, though for a few it may be slightly longer.
I would emphasise that this callout is part of our routine management of UK forces deployed on Op TELIC. We continue to consider, with our partners in the multinational force, the levels and dispositions of forces required in Iraq in the months ahead, to build the capability and capacity of the Iraqi Security Forces and support the transitional Government of Iraq through the process leading to the creation of a new constitution and full democratic elections in December 2005.
The next roulement of regular UK forces in Iraq is due to take place during October and November this year. We will make a further announcement covering this roulement once the details have been finalised.
Defence Procurement Agency
Five key targets have been set for the chief executive of the Defence Procurement Agency for the financial year 2005–06.
The first three key targets apply to all projects over £20 million which have passed their main gate approval but not yet achieved in service date (ISD). The fourth key target reflects the importance that the Department attaches to delivery of assets to the front-line. Key target 5 comprises three measures based on the utilisation of assets.
The Key Targets are:
Key Target 1: Key requirements compliance
Predicted achievement of customers' core requirements 1 for projects: 97 per cent.
1 Around 10 core requirements per project are agreed between the DPA and MoD headquarters, defining the essential characteristics of the equipment/capability.
Key Target 2: Average in-year In Service Date slippage
Average in-year slippage of In Service Dates not to exceed 1.0 month.
Key Target 3: Average in-year cost growth
Average in-year cost variation not to exceed 0.6 per cent.
Key Target 4: Asset Deliveries
Achievement of planned in-year asset deliveries 90 per cent.
Key Target 5: Achievement of Planned Efficiency Measures
(i) Asset turnover in months 83
(ii) Assets delivered per £ of Operating Costs £13.2
(iii) Assets produced per £ of Operating Costs £23.16
Defence Aviation Repair Agency
Key targets have been set for the chief executive of the Defence Aviation Repair Agency for the financial year 2005–06. The targets are as follows:
Key Target 1. Quality
To achieve less than 15 attributable major Customer Concerns annually, on average during the period covering the financial years 2004–05 to 2006–07.
Key Target 2. Business Performance and Efficiency
To achieve an annual Return on Capital Employed of at least 3.5 per cent.
Key Target 3. Business Sustainability
To achieve a closing Order Book of at least £180 million at the end of financial year 2005–06, which includes at least £80 million to be deliverable in the following year.
Key Target 4. Efficiency
To improve overall efficiency by at least 8 per cent.
Deputy Prime Minister
Decent Homes
I am today announcing 61 schemes, involving 34 local authorities, that will ensure social rented homes meet minimum standards of decency, and boost provision of new social rented homes. These schemes should deliver over £3 billion of investment, of which around £1.8 billion will be levered in from the private sector. They will tackle over 125,000 non-decent homes, and create around 1,400 new social rented homes.
These new schemes will set up housing transfers, Arms Length Management Organisations or PFI projects.
Eleven schemes have been awarded places on the transfer programme. These schemes are in Aylesbury Vale, Chorley, Derwentside, Sefton, Selby, South Gloucestershire, Taunton Deane, Waveney, and Waverley, with partial transfers in Islington and Sheffield.
A further 33 schemes have had places on the transfer programme held open whilst the level of gap funding is agreed. These schemes are in Brent (South Kilburn), Cannock Chase, Hackney (Woodberry Down), Islington (Packington), Lambeth (Ashmole Estate and Bolney Meadow Estate), Lewisham (Excalibur TMO and Bankfoot and Bellingham), Liverpool, North Lincolnshire, Pendle, Rossendale, and Tower Hamlets (21 schemes).
Ten schemes have been awarded places on the Arms Length Management Organisation (ALMO) programme. These schemes are in Doncaster, Gloucester, Hackney, Lambeth, Newham, Southend, South Tyneside, Stockport, Wear Valley, and Sheffield, where an existing ALMO will be extended. Schemes in Hackney, Southend and Wear Valley have yet to have their allocations finalised.
Together, the seven ALMOs with confirmed allocations will increase investment in council housing by £342 million in 2006–07 to 2007–08.
Seven schemes have been awarded places on the Housing PFI programme. Three of these—in Manchester, Oldham, and Lewisham—will focus on refurbishing or replacing non-decent homes. Four of the PFI schemes—in Guildford, Weymouth and Portland, Woking, and Medway—will focus on delivering new social rented units. We are making around £500 million in PFI credits available for these schemes.
These schemes mark our continuing commitment to ensuring that all social sector tenants have the decent homes that they deserve, and places the decent homes strategy firmly at the heart of the sustainable communities agenda.
Home Loss Payments
Following the annual review, the Deputy Prime Minister will today lay regulations to update the home loss payment thresholds in section 30 of the Land Compensation Act 1973 (as amended). Home loss payments are paid at a rate of 10 per cent. of the market value to owner-occupiers who are displaced from their homes as a result of compulsory purchase or certain housing orders. These are subject to maximum and minimum payments. Tenants receive a flat rate equal to the minimum payment to owner-occupiers.
With effect from 1 September 2005, the maximum payment to owner-occupiers displaced from their home will be increased from £34,000 to £38,000 and the minimum payment will be increased from £3,400 to £3,800. The flat-rate will be increased from £3,400 to £3,800.
The period of two months between laying the regulations and commencement will give acquiring authorities reasonable notice to revise their budgets for compensation. This is similar to the notice period given in previous years for revisions to the home loss payments thresholds.
Home Department
Police Information Technology Organisation
The Police Information Technology Organisation (PITO) is a non-departmental public body established as a body corporate under the Police Act of 1997. In January 2004, I commissioned an independent, end-to end review of PITO and its business processes, including its role in the provision of information technology and communications services to the police service.
I am pleased to announce today the publication of the review's report. The review has provided a critical analysis of the most appropriate structure and organisation to provide information and communications technology to the police, through PITO and from other sources.
The review recommends that PITO should transfer its non-IT responsibilities and transform itself—either as a separate organisation or as a component of the National Policing Improvement Agency—to become a Police National ICT Group, with responsibility and accountability for ICT to the 43 forces in England and Wales. It recommends that this function should be owned by and professionally managed by the police service, with funding flowing from the police authorities, through the establishment of regional collaborations or combined police delivery groups.
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 deliver better equipped front line policing. The Government welcome the review's analysis of the issues we should address but I do not intend to implement its recommendations wholesale. I intend that those PITO responsibilities that support the core functions of the National Policing Improvement Agency, that were outlined in the White Paper on Police Reform, "Building Communities, Beating Crime" in November last year will be rationalised and will transfer to the agency, along with a wide range of functions currently discharged by other national bodies. The considerable value of this report will be its significant contribution to the planning now under way for the new agency.
Sentencing Guidelines Council
The Sentencing Guidelines Council has today published its first annual report, jointly with the Sentencing Advisory Panel, giving details of the excellent work it has achieved since its creation in March 2004 and outlining its work plans for the next 12 months. Copies of the annual report have been placed in the Library of the House.
Sectors-Based Scheme Review
I am today announcing the findings of the review of the Sectors-Based Scheme (SBS). The scheme, which currently has the status of a pilot, was introduced on 1 May 2003 and provided for the issuance of work permits for low skilled vacancies in the hospitality and the food-processing sectors. The scheme is quota based. The current quotas for 2004–05 are 6,000 permits for food processing and 9,000 permits for hospitality. The main aims of the scheme were to alleviate the recruitment difficulties in the relevant sectors by providing employers with a means of recruiting workers from outside the European Economic Area (EEA).
Following the decision to grant free movement of work to nationals of the new accession states and in light of the number of accession state nationals undertaking low-skilled work, we have undertaken a review of the SBS to establish whether there exists an ongoing need for it. In addition, the review has also assessed evidence of any immigration abuse in connection with the scheme. The aims of the review are in line with the Government's five-year immigration and asylum strategy, published on 7 February 2005. This contained a commitment to phase out the current low-skilled schemes in light of the additional labour now available from the new EU accession states and after consultation with the sectors.
The findings of the review of the SBS are based upon an extensive consultation with the sectors, which has included an employer questionnaire, as well as meetings with employers, sector representative bodies, trade unions and available management information. The review has looked at each sector separately and the main findings are:
Food Processing:
We have found that the SBS has operated satisfactorily in this sector and that there is a continuing need for the scheme. Employers have been able to use the scheme to meet labour shortages in those areas, particularly Northern Ireland, where tight labour markets and the unattractiveness of the work in question have resulted in a difficulty in recruiting resident labour. There is little evidence of abuse of the scheme in this sector. It does appear that workers admitted under the scheme to work in this sector have returned overseas after one year, with a view to participating again in the scheme, as was originally envisaged.
While employers in this sector have indicated a willingness to recruit workers from Accession states they have pointed to a difficulty in retaining workers who are free to engage in other, more attractive employment. The consistent message from employers in this sector has been that if the SBS were discontinued, they would face acute difficulties in recruiting the workforce they require without significantly increasing their costs. The likely consequence of their doing so would be that they would face closure. As such the current pilot scheme will be extended for a further 12 months before undergoing a further evaluation. Based upon current usage the annual quota for 2005–06 will be set at least 3,500 permits, but we will consult further with employers to establish the precise figure.
Hospitality sector:
By contrast, the findings of the review do not point to a compelling case for continuing to operate such a scheme for the hospitality sector. The review points to evidence of abuse of the scheme and a high level of employment of Accession nationals in this sector.
There is evidence of abuse of the scheme in relation to this sector. This includes numbers of entry clearance refusals on the basis of submission of fraudulent documentation or where, on examination, it is apparent that the individual does not meet the age criteria of the scheme. There is also evidence that third party representatives have submitted applications for SBS permits in respect of fictitious jobs or without the knowledge of the employer specified on the application form. There is, therefore, a concern that the scheme in this sector is being used as a means of facilitating illegal entry.
In addition, many participants in this scheme have been unable to satisfy immigration criteria designed to test their credibility as temporary entrants. It is a criterion of the scheme that entry clearance may be refused to the holder of an SBS permit if the entry clearance officer is not satisfied that the holder will return overseas upon the expiry of his permit. Many SBS participants in the hospitality sector presenting themselves to the visa issuing authorities have been unable to satisfy this test and hence many of the workers the employers have sought to recruit under the hospitality quota have not been admitted.
It is also apparent that the hospitality sector in general has been able to draw upon nationals of Accession states to meet labour shortages following expansion of the EU. The latest published figures for the worker registration scheme show that between 1 May 2004 and 31 March 2005, 42,070 Accession nationals registered to undertake employment in the hospitality sector. This represents 25.5 per cent. of the total number of registered workers and is to be contrasted with 8,665 permits issued under the SBS scheme. Retention of these workers appears to be less of an issue in this sector due to its preferred employment practices and the seasonal variance in demand of labour.
In view of the above, the consequences of discontinuing the scheme in relation to the hospitality sector in general do not appear to be acute as employers do appear to be drawing upon alternative sources of labour, such as nationals of the new accession states. Any adverse consequences on discontinuing the scheme for this part of the sector are outweighed by the risk of continuing abuse of the scheme.
Accordingly, the SBS hospitality quota will be terminated. This does not mean that employers in this sector will immediately cease to have the benefit of non-EEA workers with the specific skills that they require. As a transitional measure, we will continue to issue SBS permits under the existing quota for the hospitality sector until 31 July or until the current quota is exhausted, whichever is sooner. In addition, many of those admitted as the holder of a SBS permit issued under the current quota have permission to remain for several more months and may remain in employment here until they are due to leave. I should also emphasise that where employers in the hospitality sector require skilled workers from overseas, they may continue to apply for permits under the main work permit scheme.
Magic Mushrooms
Section 21 of the Drugs Act 2005 will come into force on 18 July 2005. Section 21 has amended the Misuse of Drugs Act 1971 so that any fungi containing psilocin or an ester of psilocin—commonly known as magic mushrooms—are controlled drugs. Psilocin is already a class A drug—fresh magic mushrooms will be class A too.
Magic mushrooms are a powerful hallucinogen and can cause real harm, especially to vulnerable people and those with mental health problems. The law has not been clear with regard to the status of fresh magic mushrooms and some have tried to exploit this apparent loophole. In the last two years there has been a sudden increase in the amount of magic mushrooms imported into the UK—HM Revenue and Customs estimate the imports for 2004 to be between 8–16,000 kilograms. The Government have acted to close the loophole by making clear that it will not allow the open sale of fresh magic mushrooms. It is now an offence to import, export, produce, supply, possess or possess with intent to supply magic mushrooms whatever form they are in, whether prepared or fresh. This is a clarification of the law not a reclassification. These measures received cross party support during the passage of the Drugs Bill through Parliament.
The Advisory Council on the Misuse of Drugs agreed that the law on magic mushrooms would benefit from clarification. Professor Sir Michael Rawlins, Chair of the Council, wrote to me on 2 June stating that "Council members accepted entirely that there should not be easy access to hallucinogenic mushrooms" and "this was a sensible move to clarify the law".
During the Commons Committee stage of the Drugs Bill, the Government undertook to bring in regulations dealing with exceptions from the offence of possession in certain circumstances. The Misuse of Drugs (Amendment) (No. 2) Regulations 2005 are being laid before Parliament today and are due to come into force on 18 July 2005. The regulations amend the Misuse of Drugs Regulations 2001 to provide exceptions from the offence of possession of magic mushrooms. For example, a person will not be committing an offence of possession of magic mushrooms if the mushrooms are growing naturally and uncultivated on their premises.
Also to be laid at the same time is the Misuse of Drugs (Designation) (Amendment) Order 2005. The Order is due to come into force on 18 July 2005 and confirms legally that magic mushrooms, like psilocin, are designated as having no recognised medicinal use.
Known suppliers and importers of magic mushrooms will be notified formally of the legal change as a precursor to commencement of the provisions on 18 July.
Copies of the Regulations and the Order will be placed in the Library. Other sections of the Drugs Act 2005 will come into force later in the year.
Northern Ireland
Police Service of Northern Ireland
I have received the annual report for 2004–05 of the Chief Constable of the Police Service of Northern Ireland which is being presented to Parliament today as a Command Paper.
Copies of the report are available form the Vote Office and Library of the House.