Written Ministerial Statements
Thursday 12 October 2006
Treasury
Recognised Investment Exchanges and Clearing Houses
In a statement on 13 September, I announced that the Government would legislate to enhance the Financial Service Authority's powers over recognised investment exchanges and recognised clearing houses. In that statement I promised further detail in due course. I am now. able to provide details on how we intend to take this issue forward.
The Government have decided to introduce a stand-alone Bill to enhance the FSA's powers in the next parliamentary Session. The short Bill will seek to modify part 18 of the Financial Services and Markets Act 2000 which deals with recognised investment exchanges and clearing houses. We intend to introduce the Bill as early as possible in the new Session, with Second Reading expected before Christmas.
Our aim is to enable the FSA to stop recognised investment exchanges and clearing houses making changes in their regulatory provisions whose effects are likely to be disproportionate. To this end we expect that the provisions will:
cover all of our recognised investment exchanges and clearing houses, including the full range of markets operated by our recognised investment exchanges.
enable the FSA to veto changes to regulatory provisions introduced by recognised exchanges and clearing houses or those applying for recognition that impose an obligation or burden.
limit the circumstances in which the veto can be used to those where the relevant requirement is excessive, that is it is disproportionate to the end it seeks to achieve or does not pursue a reasonable regulatory objective.
Any exercise of the veto will be subject to appropriate processes. In particular:
where the FSA decides to call in a regulatory provision to determine whether it is excessive, it will need to specify a period during which representations can be made to it about the provision.
if the FSA decides to veto the regulatory provisions called in that decision can be challenged by judicial review.
These provisions are not intended to put into question existing regulatory provisions of investment exchanges and clearing houses. They are not intended to involve the FSA in micromanaging the regulatory provisions of investment exchanges or clearing houses and they are not intended to make overseas ownership of UK exchanges any easier or more difficult than it is at the moment.
The legislation is simply about providing a back-stop to ensure certainty for stakeholders about the proportionality of the regulatory provisions of investment exchanges and clearing houses. We will consult shortly, including with the investment exchanges and clearing houses and their stakeholders, about the detail of what we will be proposing.
Constitutional Affairs
Oxfordshire Inquests
My right hon. Friend the Secretary of State for Defence and I wish to make the following statement to the House about the inquests of servicemen and women who have died in Iraq which fall within the jurisdiction of the Oxfordshire coroner, Nicholas Gardiner.
All casualties suffered by the UK armed forces are a source of profound regret. UK service personnel have put their lives on the line to help build strong, stable and democratic nations and protect the interests of the United Kingdom and we cannot pay high enough tribute to the job they are doing, or the sacrifice some of them have made. We are committed to assisting the families of UK Service personnel who have died on operations overseas when their loved ones are returned to the UK.
We made a statement to the House on 5 June with information about the conduct of inquests by the Oxfordshire coroner and how we intended to enable him to conduct expeditious inquests into the deaths of servicemen and women who have died on operations overseas.
Today we are announcing progress which has been made since the written ministerial statement in June.
Background
Coroners are independent judicial officers appointed and paid for by the relevant local authority. Their officers and staff are employed by the local authority and/or the police.
Each death of a serviceman or woman killed in an operation overseas whose body is repatriated to England and Wales is subject to an inquest. The inquest—both the investigation into the death and the holding of the public hearing into the death—is conducted by the coroner with jurisdiction which derives from where the body lies. In the case of deaths of servicemen and women whose bodies are flown into Brize Norton military airbase, the Oxfordshire coroner has jurisdiction.
In the 12 months preceding the June written ministerial statement, in addition to the non-armed forces inquests for which the coroner has in his jurisdiction, Mr Gardiner, his deputy coroners and the Powys coroner had conducted 30 inquests into the deaths of servicemen who died in Iraq.
At the time of the June ministerial statement, there remained 59 inquests to be concluded into the deaths of service personnel killed in Iraq and 11 inquests of civilians whose bodies were flown into Brize Norton.
Since the June written ministerial statement, a further 9 inquests have been held into the deaths of servicemen who have died in Iraq. The inquest into the death of ITN journalist Terry Lloyd is currently being heard.
When I made the statement in June, we had only asked the coroner to provide details of inquests into those deaths in his jurisdiction relating to Iraq. Since then, the coroner has provided us with details of outstanding inquests into six deaths from previous conflicts or other military exercises abroad and three further civilian casualties.
The earliest of these occurred in 1998. These are all included in the present statement. Including these deaths, there remain 59 inquests to be concluded into the deaths of service personnel and 11 inquests into the deaths of civilians.
We have not included in the statement inquests into a further seven deaths in Iraq and 33 deaths in Afghanistan which occurred after the June ministerial statement and which were repatriated into Brize Norton, as the further support for the coroner outlined below is only intended to clear the backlog of cases he had in June. DCA and MoD officials continue to liaise with each other, the Oxfordshire coroner and his assistant deputies on the progress of all of these cases and on how to handle these recent deaths.
Further support for the coroner to conduct inquests on deceased armed forces personnel
The Oxfordshire coroner has appointed the following as additional assistant deputy coroners to assist with conducting the inquests detailed above:
Sir Richard Curtis— who served as a High Court Judge between 1992 and 2005, was appointed on 8 August.
Ms Selena Lynch— barrister at law, former full-time Coroner for Inner South London and currently deputy coroner for South London, was appointed on 5 June.
Mr. Andrew Walker— barrister at law, Deputy Coroner for both North London and East London and Assistant Deputy Coroner for both Inner London North and Inner London South, was appointed on 5 June.
To provide support for the coroner and his assistant deputy coroners, the following resources have been made available:
Two additional coroner’s officers have been appointed by Thames Valley Police to support the existing complement of six officers in the Oxfordshire coroner’s office. They are supporting the coroners in various ways, including by contacting witnesses, listing inquests and providing support at inquests.
Additional member of support staff—an additional administrative assistant has been appointed to the existing two administrative/support staff in the Oxfordshire coroner's office who provide administrative support for the investigations and inquests.
Recording equipment—to enable two further courts to operate simultaneously.
Progress with the remaining inquests
Since the June ministerial statement all inquests of deaths that occurred before February 2006 have been allocated. Nine inquests have been held, one inquest is currently being held and a further 10 have been listed for hearing; 22 inquests are in the process of being listed, subject to the availability of witnesses or family of the deceased.
In the June written ministerial statement we said that the coroner expected to be able to conclude by the end of the year those inquests of servicemen and women where the Ministry of Defence had completed its inquiries and case papers had been prepared. He also expected to be able to conclude by the end of the year those inquests of civilians killed in Iraq where he had been provided with the necessary reports and other information. At that time we knew of 30 cases in the former category and three cases in the latter category. The coroner has now informed me that, due to the complexity of many of these cases, it is unlikely that all of these inquests will have been completed by the end of the year. However, it is intended that all of these inquests will either have been held or a have a date fixed for the hearing by the end of the year.
We shall continue to keep the House informed on a quarterly basis about progress through the remaining inquests. Below is a table, which outlines the status of all cases and the date of death of each case.
Liaison with the next of kin
It is of the greatest importance that the next of kin have full information about the progress on the inquest of their deceased next of kin. The extra resources provided will assist the service provide to families by the Oxfordshire Coroner, in addition to the normal liaison between the Ministry of Defence and the families concerned.
Date of Death Name of Deceased Allocated to In process of Being Listed for Hearing Date Listed Date Inquest Heard 06.07.98 Kevin Tucker Andrew Walker 11.08.98 Michael Watkins Andrew Walker 09.04.01 Flight Lieutenant Maguire Andrew Walker 09.04.01 Captain Crous Andrew Walker 21.03.03 Lance Bombardier Evans Andrew Walker 21.03.03 Sergeant Hehir Andrew Walker 21.03.03 Major Ward (Royal Marines) Andrew Walker 21.03.03 Captain Guy (Royal Marines) Andrew Walker 21.03.03 Warrant Officer 2 Stratford (Royal Marines} Andrew Walker 21.03.03 Colour Sergeant Cecil (Royal Marines) Andrew Walker 21.03.03 Marine Hedenskog Andrew Walker 21.03.03 Operator Maintainer (Communications) 1 Seymour (Royal Navy) Andrew Walker 22.03.03 Lieutenant Wilson Sir Richard Curtis 22.03.03 Lieutenant West Sir Richard Curtis 22.03.03 Lieutenant Green Sir Richard Curtis 22.03.03 Lieutenant Williams Sir Richard Curtis 22.03.03 Lieutenant King Sir Richard Curtis 22.03.03 Lieutenant Lawrence Sir Richard Curtis 22.03.03 Flight Lieutenant Main Andrew Walker 30.10.06 22.03.03 Flight Lieutenant Williams Andrew Walker 30.10.06 22.03.03 Sapper Allsopp Andrew Walker 29.09.06 Unlawful killing 22.03.03 Staff Sergeant Cullingworth Andrew Walker 29.09.06 Unlawful killing 22.03.03 Terry Lloyd Andrew Walker 02.10.06 24.03.03 Sergeant Roberts Andrew Walker 11.12.06 25.03.03 Corporal Allbutt Selena Lynch 05.02.07 28.03.03 Lance Corporal of Horse Hull Selena Lynch 30.03.03 Lance Corporal Brierley Nicholas Gardiner 21.06.06 Accidental death 30.03.03 Marine Maddison Andrew Walker 20.11.06 30.03.03 Major Ballard Andrew Walker 20.11.06 01.04.03 Lance Corporal Shearer Selena Lynch Pre inquest hearing on 12.10.06 06.04.03 Fusilier Turrington Andrew Walker 28.09.06 Narrative verdict 06.04.03 Private Muzvuru Selena Lynch 17. 11. 06 subject to family availability. 06.04.03 Lance Corporal Malone Selena Lynch 17. 11. 06 subject to family availability 13.08.03 Private Smith Andrew Walker 7.11.06 23.09.03 Sergeant Nightingale Andrew Walker 27.09.06 Narrative verdict 01.01.04 Sergeant Patterson Selena Lynch 17. 11. 06 subject to family availability 01.01.04 Major Stenner Selena Lynch 17. 11. 06 subject to family availability 02.01.04 Lance Corporal Craw Andrew Walker Subject to witness availability 24.05.04 Robert Morgan Nicholas Gardiner 05.07.06 Unlawful killing 24.05.04 Mark Carman Nicholas Gardiner 05.07.06 Unlawful killing 22.06.06 Antonio Jose Monteiro-Abelha Nicholas Gardiner 28.06.04 Fusilier Gentle Nicholas Gardiner 19.07.04 Flight Lieutenant Gover Andrew Walker 09.08.04 Private O'Callaghan Nicholas Gardiner 21.06.06 Unlawful killing 11.10.04 P Chadwick Selena Lynch Subject to witness availability 31.10.04 Staff Sergeant Rose Selena Lynch Pre inquest hearing on 12.10.06. Inquest on 13.11.06 subject to witness availability 08.11.04 Private Tukutukuwaqa Nicholas Gardiner 05.07.06 Unlawful killing 07.11.04 Shaun Paul Husband Nicholas Gardiner 07.11.04 Joseph Terry Nicholas Gardiner 09.12.04 Raj Gurung Nicholas Gardiner 01.01.05 John Dolman Selena Lynch Subject to witness availability 01.01.05 Nicholas Pears Selena Lynch Subject to witness availability 01.01.05 John Eardley Selena Lynch Subject to witness availability 01.01.05 Tracy Hushin Selena Lynch Subject to witness availability 01.05.05 Guardsman Wakefield Selena Lynch Pre inquest hearing on 12.10.06 25.05.05 Lance Corporal Brackenbury Andrew Walker Subject to witness availability 29.06.05 Signaller Didsbury Andrew Walker Subject to witness availability 15.07.05 Private Spicer Selena Lynch Pre inquest hearing on 12.10.06 15.07.05 Private Hewett Selena Lynch Pre-inquest hearing on 12.10.06 15.07.05 2nd Lieutenant Shearer Selena Lynch Pre inquest hearing on 12.10.06. Inquest on 13.12.06 subject to witness availability 30.07.05 Kenneth Hull Selena Lynch 13.12.06 30.07.05 Andrew Holloway Selena Lynch 13.12.06 05.09.05 Fusilier Manning Selena Lynch Pre inquest hearing on 12.10.06 05.09.05 Fusilier Meade Selena Lynch Pre inquest hearing on 12.10.06 30.01.06 Lance Corporal Douglas Selena Lynch 11.10.06 31.01.06 Corporal Pritchard Andrew Walker 02.02.06 Trooper Smith Selena Lynch 28.02.06 Private Ellis Selena Lynch Pre inquest hearing on 12.10.06 28.02.06 Captain Holmes Selena Lynch Pre inquest hearing on 12.10.06 28.02.06 Lieutenant Palmer Andrew Walker 22.03.06 Corporal Cridge 27.03.06 Lance Corporal Craddock 07.05.06 Wing Commander John Coxen 07.05.06 Lieutenant Commander Darren Chapman 07.05.06 Captain David Dobson 07.05.06 Flight Lieutenant Sarah-Jayne Mulvihill 07.05.06 Marine Paul Collins 15.05.06 Private Morris 15.05.06 Private Lewaicei Notes: 1. Italics denotes non-Iraq related military death 2. Underlined denotes civilian Iraq related death
Defence
Review of Adventurous Training (Northern Ireland)
On 10 May this year I announced the structure of the new peacetime garrison in Northern Ireland reflecting the Government’s global defence commitments. I said then that the future of the site at Laurel Hill House, Coleraine, would be subject to a review of adventurous training provision. That review is now complete and has concluded that the needs of the new smaller garrison can satisfactorily be met from other retained sites, and that there is no requirement to retain Laurel Hill House. We plan therefore to close the Laurel Hill House site by August 2007.
Laurel Hill House has provided vital facilities for military personnel and their families during Operation Banner. The staff, past and present, have provided an excellent service for their visitors. But as the structure of the garrison in Northern Ireland changes and the number of military personnel and their families reduce, there is no requirement to retain the facility. The Army Careers Information Office (ACIO) that is currently located within the Laurel Hill House complex will be relocated to the TA Centre in Artillery Road Coleraine. This will improve its visibility and accessibility to potential recruits.
There are 22 civil servants currently working at the Laurel Hill House site, including one civil servant at the ACIO. We continue to consult with the trades unions in respect of the future requirement of civilian staff in support to the military in Northern Ireland. We will, of course, seek to avoid the need for compulsory redundancy as far as possible through transfer and voluntary early release. The Department is fully committed to supporting all civilian staff at every stage of this period of change.
Environment, Food and Rural Affairs
Waste Framework Directive
I am pleased to announce that the Government, in association with the Devolved Administrations, is today publishing a consultation paper on the European Commission’s proposal to revise the waste framework directive and related EU legislation.
In December 2005 the European Commission published (a) a thematic strategy on the prevention and recycling of waste (the waste thematic strategy); (b) proposals for associated legislation comprising (i) a revision of the waste framework directive (the WFD), (ii) the repeal of the waste oils directive and (iii) the repeal and integration of the hazardous waste directive into the revised WFD; and (c) an impact assessment. These documents are available on the commission’s website at: http://ec.europa.eu/environment/waste/strategy.htm
Under the Austrian presidency, the Council of the European Union held a policy debate on the waste thematic strategy and the associated legislation when EU Environment Ministers met on 9 March 2006; and the Council adopted conclusions on the strategy at its meeting on 27 June 2006. Following adoption of those conclusions, negotiations on the revision of the WFD are now taking place under the Finnish presidency.
The Government are therefore publishing a consultation paper inviting views on the revision of the WFD. The purpose of doing so is to ensure that the UK’s involvement in the negotiations on the legislation is well informed and has an evidence base which is as sound as possible. Views are invited from anyone who has an interest in waste prevention, is a producer of waste, has an interest in the collection, transport, recovery or disposal of waste, or has an interest in waste as a dealer or broker. The consultation paper includes a partial regulatory impact assessment on which views are also invited.
The paper is being published for a 12-week consultation period—with comments requested by 5 January 2007. However, in view of the Finnish presidency’s aim of making significant progress on the revised WFD, stakeholders are invited to submit their comments before the deadline wherever possible. Copies of the consultation paper are being placed in the Libraries of the House. The consultation paper is being sent to a wide range of organisations and is also available on the Department’s website at http://www.defra.gov.uk/corporate/consult/default.asp
Foreign and Commonwealth Office
British Embassy (Dili)
Further to the announcement of the former Foreign Secretary my right hon. Friend the Member for Blackburn (Mr. Straw), to Parliament in 2004 that our Embassy in Dili would close by the end of 2006, it has now been decided that the post will close on 13 October. As agreed at the time of the original decision, the responsibility for East Timor will shift to the British Embassy in Jakarta from this date. An Honorary Consul will also be appointed. The Government of East Timor has been informed.
Trade and Industry
Regional Development Agencies
I have decided to appoint the new Board Members listed at annexe A and to reappoint the Board Members, listed at annexe B. The new appointments will all be for a period of three years; the reappointments will also be for a period of three years with the exception of Rob Anderson of the South East Development Agency (SEEDA) who will be reappointed for a further two years.
The new appointments, with the exception of Fiona Pollard (SEEDA), and the reappointments will begin on 14 December 2006 and will expire on 13 December 2009. Fiona Pollard took up appointment on 1 September 2006, in order to fill an existing Board Member vacancy, and her appointment will expire on 13 December 2009.
I have placed further details of both the new appointments and reappointments in the Libraries of both Houses. All of them were made in accordance with the code of practice of the Commissioner for Public Appointments.
Annexe A: New Appointments
RDA Name Advantage West Midlands (AWM) Brendan Connor East of England Development Agency (EEDA) Peter McCarthy-Ward William Pope South East England Development Agency (SEEDA) Pamela Charlwood Robert Goldfield Sue John Fiona Pollard Alex Pratt South West Regional Development Agency (SWRDA) John Savage
Annexe B : Reappointments
All reappointments commence on 14 December 2006
RDA Name Advantage West Midlands (AWM) Roger Lawrence Michael Oakes David Smith Michael Sterling East of England Development Agency (EEDA) Karen Livingstone John Snyder Tim Wilson North West Regional Development Agency Joe Dwek Dave McCall South East of England Devlopment Agency (SEEDA) Rob Anderson Peter Jones Phil Wood South West Regional Development Agency (SWEDA) Catherine Bakewell Duncan Hames Christine Reid
Winter Energy Supply
The National Grid Winter 2006-07 Consultation Report published by Ofgem on 21 September continues to indicate the possibility of a tight supply-demand balance for gas this winter. But it also makes it clear that energy supply should meet daily demand under all likely weather-related scenarios. The winter electricity generating margin is expected to be around 22 per cent. The Met Office winter forecast published in September indicates near-average winter temperatures overall, with possibly some colder weather later in the winter.
The wholesale price of gas for this winter has fallen since I made my last statement to the House on winter energy supply. Energy prices however remain of concern to domestic and industrial users. The Government are therefore continuing to work actively to ensure that everything possible is done to maximise supplies of gas to the UK for the coming winter and to mitigate the impacts of price rises.
Gas supplies from the UK continental shelf will continue to meet a significant proportion of UK gas demand: about three-quarters of demand on an average winter day. The balance is made up from imports and stored gas.
Since my last statement to the House, there is now greater certainty that new import infrastructure will be available this winter. The Langeled pipeline, connecting the UK to the Norwegian continental shelf, is now flowing gas from Norway, on schedule. The upgrade of the Belgian Interconnector (linking Bacton and Zeebrugge) has been completed ahead of schedule. The BBL (Balgzand-Bacton) pipeline, which will flow gas from the Netherlands, is on course to begin operation on 1 December. The Teesside offshore Liquefied Natural Gas (LNG) importation project is on schedule to be available in the New Year. The Rough long-range storage facility is back in operation following last winter's fire. Levels of gas in storage ahead of the winter are healthy.
My Department has been working closely with the energy market regulator Ofgem, National Grid and business to ensure early action is taken to maximise gas and electricity supplies for the coming winter and to ensure good communications with industry. I have jointly chaired with Richard Lambert of the CBI two meetings of the new Business Energy Forum ahead of the winter, to ensure that accurate and timely information is available to businesses.
The Government are also working with energy suppliers and others to reach vulnerable domestic customers, particularly pensioners on low incomes. A range of programmes including Warm Front and the Decent Homes Standard contribute to tackling fuel poverty and to improving the energy efficiency and comfort of the homes of vulnerable customers. Expenditure on winter fuel payments amounts to some £2 billion per year.
Beyond this winter, from 2007-08 the gas supply-demand balance should ease further, with access to gas supplies from the new Norwegian Ormen Lange field, new LNG importation facilities at Milford Haven, and more storage. This is part of the £10 billion of actual and planned investment in gas supply infrastructure and related transportation expected between 2005 and 2010.
In July the Government published the conclusions of their energy review. This set out the framework for ensuring secure and affordable energy supplies in future years.
The Government will be taking forward the further work arising from the energy review over coming months.
I will update the House on further developments as the winter progresses.