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Written Answers

Volume 632: debated on Tuesday 19 March 2002

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Written Answers

Tuesday, 19th March 2002.

Legislation: Echr Compatibility

asked Her Majesty's Government:Further to the Written Answer by the Lord Chancellor on 22 January (

WA 169), whether the Explanatory Notes to government Bills, in so far as they relate to statements made under Section 19 of the Human Rights Act 1998 and to significant convention issues arising from the provisions of the Bill, will be reviewed and amended at each stage of a Bill's passage, in order to take account of any significant amendments. [HL3209]

A Minister in charge of a Bill should be ready to explain his thinking about ECHR compatibility throughout a Bill's passage. It would not be practicable to require Explanatory Notes to be updated on ECHR or other points between introduction and completion of the Bill's passage through a House. The Explanatory Notes are of course updated when a Bill is brought from one House to the other and again before the resulting Act is published.

asked Her Majesty's Government:Further to the Written Answer by the Lord Chancellor on 22 January (

WA 169), whether the Explanatory Notes to government Bills, in so far as they relate to statements made under Section 19 of the Human Rights Act 1998 and to significant convention issues arising from the provisions of the Bill, will be amended on the completion of the Bill's passage, in order to take account of any amendments to the Bill or any significant human rights issues raised in debate. [HL3210]

Yes. The Explanatory Notes to each government Bill are updated at the end of its passage and published with the Act. It is not of course for departments to give advice on interpretation of an Act. That is a matter for the courts.

Public Guardianship Office

asked Her Majesty's Government:What key performance measures and targets the Lord Chancellor has set for the Public Guardianship Office Executive Agency for 2002–03. [HL3395]

I have set the following key performance measures (KPMs) and targets for the Public Guardianship Office for 2002–03.

KPM 1: To DEVELOP AN EFFECTIVE SYSTEM FOR IDENTIFYING CLIENT NEEDS.

Target:

To carry out an annual customer satisfaction survey of panel and lay receivers to provide quantitative feed back data on PGO services as perceived by receivers by 31 December 2002;

To run four receiver and client focus groups in different parts of the country by 31 March 2003 to provide qualitative data to inform the needs assessment project of receiver needs;

To have completed the design and development phases of the needs assessment project and to have commenced the implementation phase by 15 January 2003.

KPM2: To INCREASE THE PROPORTION OF EFFECTIVE VISITS.

Target:

To maintain the current level of visits (6,000 per annum plus a visit to all new receivership clients);

To achieve 75 per cent effective visits over the year.

KPM3: To INCREASE THE PERCENTAGE OF ACCOUNTS COLLECTED ON TIME AND REVIEWED ON TIME AS A BASIS FOR EFFECTIVE ACTION TO MEET CLIENTS' NEEDS.

Target:

To complete the review of 100 per cent of accounts received or have requested further information within five weeks (25 working days) of receipt (to apply to both receivership and protection clients);

To collect 60 per cent of accounts within two calendar months of the accounting end date, 80 per cent within four calendar months of the accounting end date, and 100 per cent within six calendar months of the accounting end date, referring cases to the Court of Protection where necessary or taking other steps to ensure proper accounts are produced on behalf of clients (applies to protection clients only);

To review and set appropriate targets for 2003–04 by 31 March 2003.

KPM4: To IMPROVE INVESTMENT PERFORMANCE.

Target:

To ensure that annually 85 per cent and on a three-year rolling basis 80 per cent of measured funds perform in line with a model performance based upon the Association of Private Client Investment Managers' and Stockbrokers' (APCIMS) capital indices; or an acceptable performance is achieved, taking into account clients' overall circumstances, including the income generated;

To establish benchmark appropriate to new investment strategies by the date those strategies are implemented.

KPM5: To SECURE AN IMPROVED SERVICE IN:

responding to correspondence;

payment out;

getting information to receivers once appointed to enable them to support our clients;

closing cases;

registering enduring power of attorneys (EPAs).

Target:

Responding to Correspondence: Respond to 95 per cent of letters, faxes and e-mails within 15 working days of receipt.

Payment Out: For 95 per cent of requests, pay out or dispatch direction to external receiver allowing access to funds to use for benefit of client within 15 working days of receipt.

Information to Receivers: Dispatch court orders and directions to applicants, receivers or their representatives in 95 per cent of cases within 25 working days of their being made.

Closing Cases: For 95 per cent of complete applications for final directions, transfer all of clients' assets to personal representatives within 25 working clays.

Registering EPAs: Registering and returning 95 per cent of correctly lodged EPAs where there are no objections within five working days of the end of the statutory waiting period.

KPM6: To ESTABLISH PROTOCOLS FOR WORKING WITH OUR RECEIVERS AND OUR PARTNERS SETTING OUT THE OUTCOMES WE INTEND TO ACHIEVE JOINTLY FOR CLIENTS.

Target:

To review the protocols established with key partner organisations in 2001–02 to ensure they are working properly by 31 October 2002; consider the usefulness of protocols with agencies identified in phase 2 of the partner protocol work stream by 31 October 2002; develop agreed written protocols setting out the outcomes we intend to achieve jointly for clients and memorandums of understanding setting out the ways we will work together to achieve those outcomes by 31 March 2003; draft agreed plans by 31 March 2003 for the development of each protocol over the next two to three years.

KPM7: To DEMONSTRATE OUR CAPABILITY THROUGH A RANGE OF MEASURES:

percentage of staff having required skills and competencies;

percentage receiving training;

an effective research programme which underpins planning to meet clients' needs;

stage reached in developing an automated case management system—the MERIS project.

Target:

Staff Skills and Competencies:At least 90 per cent of permanent staff to have a current personal development plan which identifies their learning and development needs and makes specific plans

to develop their skills and competencies to defined standards.

Staff Training:At least 75 per cent of permanent staff to receive at least three days' training in line with their personal development plan.

Research: To commission two research studies, one by 30 September 2002 and one by 31 March 2003 and to progress these to timetable in line with PGO's published programme of research.

Stage reached in developing an automated case management system—the MERIS project:

By 31 March 2003:

system design to be reviewed and approved (against agreed contract);

confirm specification for first phase implementation;

first phase of implementation to be accepted, following user acceptance testing;

Gateway 4 Review to be undertaken and provide approval to proceed;

data to be migrated in accordance with phased implementation plan, client service staff trained in accordance with first phase plan and first phase to be fully implemented.

KPM8: To DEMONSTRATE IMPROVEMENTS IN EFFICIENCY BY ACHIEVING A UNIT COST PER CASE TARGET SET BY THE LORD CHANCELLOR.

Target:

To achieve a unit cost per case of not more than £480.

Children And Family Court Advisory And Support Service

asked Her Majesty's Government:When they intend to publish HM Magistrates' Courts Inspectorate's report of its programme of visits to the Children and Family Court Advisory and Support Service during 2001. [HL3316]

HM Magistrates' Courts Inspectorate (MCSI) has published its report Setting Up: Report of Programme of Visits to the Children and Family Court Advisory and Support Service today. Copies of the report have been placed in the Libraries of both Houses. Further copies may be obtained from the inspectorate.

Data Protection

asked Her Majesty's Government:How they intend to ensure that data intercepted under the terms of the Regulation of Investigatory Powers Act 2000 can be accessed by data subjects under the terms of the Data Protection Act 1998. [HL3161]

Data intercepted under the terms of the Regulation of Investigatory Powers Act 2000 are subject to the provisions of the Data Protection Act 1998. An individual's entitlement to access will be considered by the Data Controller in accordance with the provisions of the Data Protection Act, including whether the application of exemptions to be found in Section 28 and Section 29 of the Data Protection Act are likely to apply.

Firearms Consultative Committee Report

asked Her Majesty's Government:When they intend to publish the 11th Annual Report of the Firearms Consultative Committee. [HL3368]

We have today placed a copy of the annual report of the Firearms Consultative Committee in the Library.

Policing White Paper

asked Her Majesty's Government:What responses they have received to the White Paper

Policing a New Century. [HL3394]

We have today placed in the Library a copy of a report which summarises the responses to the White Paper. Copies of the responses from organisations had already been placed in the Library in time for the Committee stage of the Police Reform Bill.

Pension Funds: Changes To Corporation Tax

asked Her Majesty's Government:How much income pension funds in the United Kingdom have lost through the abolition of dividend tax credits on their holdings of ordinary and preference shares in each of the financial years 1997–98,1998–99,1999–2000 and 2000–01; and [HL3174]What has been the outturn of the estimated year-by-year revenue effects of the July 1997 Budget tax measures to abolish payable tax credits for pension schemes and United Kingdom companies from Budget day and changes for everyone else from 6 April 1999, as set out in Table 2:2 on page 40 of HC 85 (1997–98). [HL3189]

The Government's package of corporation tax reforms included measures to boost corporate investment by removing tax distortions. The withdrawal of payable tax credits on dividends was just one part of these measures. Pension funds and others will share in the long-term benefits from these changes to corporation tax. The overall effects of these changes on pension funds will depend on a variety of factors, including the type of scheme paying the pension; the take-up of private pensions; the level of future pension contributions; pension schemes' asset allocation and investment policies; and investment returns generally.

Defined Benefit Pension Schemes

asked Her Majesty's Government:Under what circumstances they consider it acceptable for companies to stop their employees contributing to defined benefit pension schemes of which they are members. [HL3179]

The Parliamentary Under-Secretary of State, Department for Work and Pensions
(Baroness Hollis of Heigham)

Employers provide occupational pensions, including defined benefit pension schemes, on a voluntary basis and are therefore free to decide whether to continue to provide such pensions to their employees in the future. There is legislation in place to ensure that the pension rights that individuals have already built up in schemes are protected. We have commissioned reviews of the regulatory system and the retail savings market which are due to report this summer.

Angola: Uk Business Representatives

asked Her Majesty's Government:What support they are providing to those United Kingdom businessmen operating in Angola which provide services not associated with the oil industry. [HL2844]

UK business representatives operating in Angola are entitled, as are all UK companies, to take advantage of the range of services offered by Trade Partners UK, in this case via the commercial team at the British Embassy, Luanda. Details of the services can be found at Trade Partners UK's website: www.tradepartners.gov.uk.Trade Partners UK has recently agreed to increase the size of the commercial team at our Embassy in Luanda, doubling the current commercial staff complement to four. The additional staff will focus on sectors other than the oil and gas industry. This is a significant resource investment in Angola by Trade Partners UK and represents the commitment to UK business involved in non-oil and gas related sectors. The new team will be available to assist UK companies wishing to do business with Angola and also help Angolan companies looking for sources of goods and services from the UK.

Gats: Exhaustion Of Natural Resources

asked Her Majesty's Government:Whether they will ask that the exhaustion of natural resources is placed on the list of exceptions that can apply in placing a limitation on trade under the General Agreement in Trade and Services (GATS). [HL3104]

The Government have no such intention. The exhaustion of natural resources is one of the exceptions in the General Agreement on Tariffs and Trade, as natural resources are by definition goods. During the Uruguay Round, negotiators concluded that a similar exception would not be relevant in the GATS.

Gas Supplies

asked Her Majesty's Government:Following the publication of the energy review of the Performance Surveillance Unit, whether they will detail their proposed contingency plans and gas supply obligations in the event of a gas supply emergency when the United Kingdom becomes a significant gas importer, in order to cover the obligations which should be placed on market players so that they can maintain minimum level of supply and capacity in the event of a security incident; and where the costs associated with such obligations should be borne. [HL3237]

The Parliamentary Under-Secretary of State, Department of Trade and Industry
(Lord Sainsbury of Turville)

We are looking at all these issues. We have set up the Gas Industry Emergency Committee. Its aim is to ensure that in the event of a gas supply emergency in the UK, plans arc in place for a rapid and safe restoration of supplies to consumers. The plans, which will be reviewed and tested regularly, are developed to address emergencies whether they are caused by supply shortages or through infrastructual faults on the UK network. We will publish these plans in April.Future patterns of gas demand and supply, including import forecasts, are being examined by DTI and Ofgem through a joint working group on security of energy supply. This was set up in July last year. The group will make its first report to Ministers and the Gas and Electricity Markets Authority shortly. Its remit is to monitor security of supply issues and assess any risks to supplies in the future.The PIU Energy Review and the recent report of the Trade and Industry Committee on security of energy supply raise specific points about whether obligations should be placed on players in the gas market. The Government will address these questions in responding to these reports.

Green Claims Panel

asked Her Majesty's Government:Further to the Written Answer by Lord Whiny on 4 December 2001 (

WA 131), whether they have decided to establish a green claims panel, particularly in light of the conclusion of the Advisory Committee on Consumer Products and the Environment at its meeting on 12 September 2001. [HL3061]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs
(Lord Whitty)

The Government expect to consult further on proposals for a green claims panel with business and consumer stakeholders, as indicated in the reply on 4 December 2001. In doing so, they will take into account the recommendations of the Advisory Committee on Consumer Products and the Environment, which is due to publish its second report shortly.

Food Poisoning

asked Her Majesty's Government:How many cases of food poisoning, using the definition: "any disease of an infectious or toxic nature caused by or thought to be caused by consumption of food or water", have been confirmed by laboratory tests for each of the last 10 years, excluding cases of campylobacter. [HL2868]

The Parliamentary Under-Secretary of State, Department of Health
(Lord Hunt of Kings Heath)

This information is not available in the form requested. There is no link between the notifications of food poisoning by medical practitioners to local public health officials and laboratory reports based on samples tested for gastrointestinal infections by public health laboratories and National Health Service laboratories. Both food poisoning notifications and laboratory confirmed infections underestimate the number of cases of illness that can be attributed to food.There is no definitive figure for the number of cases of food poisoning. However, in setting a target to reduce food poisoning by 20 per cent by 2006, the Food Standards Agency has taken as the baseline for its target the collated laboratory reports in 2000 for five key food poisoning organisms (

Salmonella, Campylobacter, Listeria monocytogenes, Escheriehia coli 0157 and Clostridium perfringens). The following table sets out the number of laboratory confirmed cases of these organisms from 1992 until 2001, both including and excluding Campylobacter.

United Kingdom laboratory confirmed cases

1

of Salmonella, E coli O157, Clostridium perfringens, Listeria monocytogenes and Campylobacter from 1992 until 2001. Totals are shown both including and excluding Campylobacter.

Organism

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

Salmonella (excl. S. typhi and S. paratyphi)34,56933,74533,65433,10832,82536,37526,34120,08216,98918,402*
E Coli O1575865066561,0461,1801,5351,1301,4291,1471,049*
Clostridium perfringensData not availableData not availableData not availableData not availableData not availableData not availableData not availableData not available181160*
Listeria monocytogenes127114129105131134127114113153
Totals35,28234,36534,43934,25934,13638,04427,59821,62518,43019,764*
Campylobacter43,88643,77649,00048,64249,67057,10063,83762,55063,37062,747*
Totals including Campylobacter79,16878,14183,43982,90183,80695,14491,43584,17581,80084,511*

1 Also includes cases thought to have been acquired abroad. These are excluded from the baseline for the Food Standards Agency target.

Sources:

England and Wales—Public Health Laboratory Service (PHLS).
Scotland—the Information and Statistics Division (ISD) and the Scottish Centre for Infection and Environmental Health (SCIEH) divisions of the Common Services Agency of the National Health Service in Scotland.
Northern Ireland—Department of Health, Social Services and Public Safety Northern Ireland (DHSSPS).
Data for 2000 updated February 2002.
*Provisional data for 2001.

Northamptonshire Chcs

asked Her Majesty's Government:Why the two community health councils for Northamptonshire now have to be line managed and employed by the West Sussex and Surrey Health Authority [HL2943]

In order to maintain a level of continuity for community health councils (CHCs) affected by the changes in National Health Service region boundaries, it was agreed nationally that they would remain, for pay and other personnel matters, within their current groups. In the case of the Northamptonshire CHCs, from 1 April this will be the South Region.Personnel and paymaster services would continue to be provided by the health authority incorporating the current service level agreement provider. On 1 April that responsibility moves to the new Surrey and Sussex Health Authority for all CHCs included in the South Region.In recognition of the fact that, from April, Northamptonshire CHCs will cover activities within the Midlands Region, both CHCs will be establishing links within the new Leicestershire, Northamptonshire and Rutland Health Authority area in respect of their role in monitoring the NHS.

Sickle Cell Disease

asked Her Majesty's Government:How many people in Lambeth, other London boroughs and elsewhere in the United Kingdom suffer from sickle cell disease; what budget has been set aside for them; and how many health and social workers are trained to cope with the resulting demand. [HL2990]

Information on the number of people in the United Kingdom who suffer from sickle cell disease is not held centrally. It is for local health authorities to assess the need for services for patients suffering from sickle cell disease.Information is available for health authorities in England of the number of hospital consultant episodes for sickle cell disease for 2000–01:

Hospital Episode Statistics: Finished Consultant Episodes
(FCEs*) where the primary diagnosis is ICD10 code D57
Sickle Cell Disorders by health authority of residence
NHS hospitals in England, 2000–01Number
Hillingdon HA24
Kensington, Chelsea and Westminster223
Enfield and Haringey HA828
Redbridge and Waltham Forest HA353
Bedfordshire HA58
Berkshire HA30
Buckinghamshire HA47
Bexley and Greenwich HA97
Bromley HA38
Croydon HA209
East Kent HA5
West Kent HA22
Kingston and Richmond HA11
Lambeth, Southwark and Lewisham2,377
Merton, Sutton and Wandsworth HA442
East Surrey HA15
West Surrey HA4
East Sussex, Brighton and Hove HA11
West Sussex HA7
Barking and Havering HA90
Barnet HA151
Brent and Harrow HA197
Camden and Islington HA636
Ealing, Hammersmith and Hounslow369
East London and The City HA1,172

Hospital Episode Statistics: Finished Consultant Episodes

(FCEs*) where the primary diagnosis is ICD10 code D57

Sickle Cell Disorders by health authority of residence

NHS hospitals in England, 2000–01

Number

North Essex HA44
South Essex HA32
South Lancashire HA2
Liverpool HA1
Manchester HA163
Morecambe Bay HA2
St Helens and Knowsley HA1
Salford and Trafford HA64
Stockport HA4
Northamptonshire HA83
Oxfordshire HA32
Suffolk HA41
North Derbyshire HA1
Southern Derbyshire HA15
Doncaster HA1
Leicestershire HA81
Lincolnshire HA8
North Nottinghamshire HA5
Nottingham HA41
Rotherham HA1
Sheffield HA38
Bury and Rochdale HA14
North Cheshire HA1
East Lancashire HA83
North West Lancashire HA1
North and Mid Hampshire HA7
Portsmouth and South East Hampshire7
Southampton and South West Hampshire8
South and West Devon HA16
Wiltshire HA6
Avon HA1,325
Birmingham HA408
Wigan and Bolton HA12
Wirral HA2
Bradford HA25
County Durham HA2
East Riding HA5
Gateshead and South Tyneside HA2
Leeds HA6
Newcastle and North Tyneside HA4
South Humber HA2
Sunderland HA5
Tees HA6
Wakefield HA3
Calderdale and Kirklees HA41
Gloucestershire HA38
Coventry HA40
Dudley HA10
Sandwell HA42
Shropshire HA6
North Staffordshire HA3
South Staffordshire HA8
Walsall HA26
Warwickshire HA3
Wolverhampton HA76
Worcestershire HA2
East and North Hertfordshire HA29
West Hertfordshire HA38
Cambridge HA42
Norfolk HA1
Total10,431
*A finished consultant episode is defined as a period of patient care under one consultant in one health authority. The figures do not represent the number of patients as one person may have several episodes within the year.

The primary diagnosis is the first of seven diagnosis fields in the HES data set and provides the main reason why the patient was in hospital.

Figures in this table have not yet been adjusted ibr shortfalls in data.

Source: Hospital Episode Statistics (HES) Department of Health.

Future Healthcare

asked Her Majesty's Government:Whether the recent publication of the Wanless Interim Report, its recommendations for future healthcare and the medicine reclassification initiatives will impact upon plans for the future training of doctors, nurses, pharmacists and other healthcare professionals. [HL2999]

HM Treasury commissioned a report by Derek Wanless, Securing our Future Health: Taking a Long-Term View, to review the technological, demographic and medical trends over the next two decades that will affect the National Health Service. An interim report has been issued for consultation. A final report is expected dater this year.The Government are committed to making more medicines more widely available where it is safe to do so and the training and information needs of healthcare professionals and patients is an integral part in this process.

Nhs Cord Blood Banks

asked Her Majesty's Government:How many national cord blood banks there are in the United Kingdom. [HL3007]

There are four National Health Service cord blood banks in the United Kingdom.

Pre-Implantation Genetic Diagnosis

asked Her Majesty's Government:What are the average number of human embryos destroyed as a result of the use of pre-implantation genetic diagnosis to select a genetic match for ultimate use as an organ, bone marrow, cells or tissue donor upon the subsequent live birth of the designed baby. [HL3069]

In the course of in vitro fertilisation (IVF) treatment it is likely that more embryos will be created than the maximum of two which are allowed to be transferred to a woman at any one time. With the specific consent of the people who provided the gametes, embryos that are not initally transferred may be stored for future use by the patient, donated to another couple, donated for research or allowed to perish.

Pre-implantation genetic diagnosis (PGD) of embryos may be used in conjuction with IVF. The use of the PGD technique in itself should not involve the destruction of any embryos. However, it is possible that as a result of PGD fewer embryos will be found to be suitable for transfer.

The Human Fertilisation and Embryology Authority has decided in principle to allow PGD for serious genetic disease to be used in conjunction with tissue typing, considering each case on an individual basis. To date only one licence has been granted.

Breast Cancer

asked Her Majesty's Government:Further to the Written Answer by Lord Hunt of Kings Heath on 16 January (

WA 159), what are the assumptions made in Patrick Carroll's study entitled Abortion And Other Pregnancy-Related Risk Factors In Female Breast Cancer. [HL3071]

The key assumption is that pregnancy-related factors are the main causes of the increasing incidence of breast cancer and these are the only variables considered in the analysis. While reproductive history is important, it is not the only influence; for example, genetic predisposition, the development of the breast screening programme and obesity will also affect incidence.The main analysis in the report compared cumulative abortion rates and incidence of breast cancer and found a close correlation. However, correlation does not prove causation and the hypothesis linking abortion and breast cancer is still only a theory. Other factors that have increased over the same time period such as divorce rate could also show a correlation that would turn out to be spurious.

Hypoglycaemic Reaction In Pupils

asked Her Majesty's Government:What studies have been made of the impact of hypoglycaemia on the peformance and behaviour of school children and university students. [HL3154]

A considerable amount of research has been carried out into the control of diabetes in children and young people, including the avoidance of hypoglycaemia. This has informed the Diabetes National Service Framework standards for children and young people. We published the standards in December 2001. The guidance on Supporting Pupils with Medical Needs, issued jointly by the then Department of Education and Employment and the Department of Health, includes advice on the recognition of hypoglycaemic reaction in pupils and the appropriate steps for teachers and school staff to take.

Mixed Sex Wards

asked Her Majesty's Government:When they intend to reply to the letter concerning mixed sex wards sent by Lord Stoddart of Swindon to the Parliamentary Under-Secretary of State at the Department of Health on 12 December 2001. [HL3192]

Oecd Documents

asked the Chairman of Committees:What reason has been given by the Organisation for Economic Co-operation and Development's sole agent for the distribution of OECD documents in the United Kingdom, Turpin's Book Distributors, for its requirement that it should be paid, in effect "cash with order", before it will dispatch an OECD document, even when the order comes from The Stationery Office which is a supplier to the House of Lords; and whether he regards the consequential two-week delay in meeting a request as acceptable. [HL3246]

I have been informed by the Director of the Public Affairs and Communications Directorate of the Organisation for Economic Co-operation and Development that Turpin Distribution Services Ltd, which handles the stock management and physical distribution of OECD publications, merely applies credit limits set by the OECD itself. It appears that The Stationery Office, which is one of two commercial distributors of OECD publications in the United Kingdom, reached this credit limit, and that Turpin therefore had to set TSO's account temporarily to "cash with order".I understand that the noble Lord requested an OECD publication from the Printed Paper Office on 24 January. As a result of these difficulties between the OECD, Turpin and TSO, it was not received by the PPO until 7 February. This is an unacceptable delay and I have asked the PPO to ensure that it is not repeated. New arrangements are being put in place, by means of which the PPO should from now on normally be able to obtain OECD papers within three working days.