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Written Answers

Volume 633: debated on Tuesday 26 March 2002

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Written Answers

Tuesday, 26th March 2002.

Commonhold And Leasehold Reform Bill

asked Her Majesty's Government:Whether in preparing for the drafting of the Commonhold and Leasehold Reform Bill a bargain was struck between the interested parties. [HL3299]

The Government's proposals for commonhold and leasehold reform were the subject of extensive consultation with landlords, leaseholders and other interested parties. The resulting Bill is designed to strike a fair balance between legitimate interests of these different groups.

Public Guardianship Office: Investment Strategy

asked Her Majesty's Government:What was the usual investment strategy of the Public Guardianship Office in relation to investment in equities on 27 June 2001, 3 August 2001, 21 September 2001, 29 November 2001 and 13 March 2002 respectively. [HL3325]

It has been, and remains, the practice of the Public Guardianship Office to offer its clients a range of investment strategies based on varying mixes of cash deposits and equities according to their individual needs. For those clients with longer terms interests and larger portfolios, the policy is normally to offer some element of equity investment, taking into account the clients' own preferences. This policy applied prior to 27 June 2001 and has remained in force throughout the stated period and has been applied not only to damages awards but also to the ongoing portfolios held by the Public Guardianship Office's mental health patients.

asked Her Majesty's Government:Whether they will revise downwards the personal injury damages discount rate of 2.5 per cent in the light of the exclusion of equities by the Public Guardianship Office from its usual investment strategy and the Lord Chancellor's statement on 27 June 2001 that the strategy included investment in equities. [HL3326]

The Public Guardianship Office has not excluded equities from its usual investment strategy, and thus the question does not arise.

Law Commission Annual Report

asked Her Majesty's Government:When the Law Commission intends to publish its thirty-sixth annual report. [HL3510]

The Law Commission has today published its thirty-sixth annual report and copies have been placed in the Libraries of both Houses.

Personal Injury Awards

asked Her Majesty's Government:When they will publish the impact analysis of the discount rate change for personal injury awards from 3 per cent to 2.5 per cent. [HL3515]

I have today placed in the Libraries of both Houses the analysis of the impact of the discount rate change.

Land Registry: Performance Targets

asked Her Majesty's Government:What key performance targets have been set for Her Majesty's Land Registry executive agency for 2002–03. [HL3513]

The following table sets out the key performance targets that have been set for Her Majesty's Land Registry for 2002–03.

Key Performance Indicators and Targets 2002–03
IndicatorTarget 2002–03
Speed
Percentage of office copies and official search applications to be processed within two working days98
Percentage of registrations to be processed within 20 working days75
Accuracy
Percentage of registrations processed free of any error98.5
Overall Satisfaction
Percentage of customers who, overall, are very satisfied/satisfied with the full range of services provided by the Land RegistryBetter than 94
Financial
Percentage return on average capital employed6
Efficiency1
Cost per unit in cash terms2 (real terms3)£29.53 (£23.10)
Strategic
Percentage electronic delivery capability of the Land Registry's key services60
Percentage take up of electronic services50
Critical Action Points
Draft Rules under the Land Registration Act 2002 ready for consultationBy July 2002
Carry out a major public consultation on the possible system for e-conveyancing and prepare a final report for ministersBy February 2003
1 This is a milestone towards the HM Treasury-agreed cost per unit target for 2004–05 of £28.78 in cash terms (£21.43 in real terms).

2 Based on GDP deflator issued by HM Treasury on 20 December 2001 (base year 1992–93).

3 The real term unit cost in the base year of 1992–93 was £30.65.

Further details of HM Land Registry's target; are published in its Business Plan.

Public Records Office: Performance Targets

asked Her Majesty's Government:What performance targets the Lord Chancellor has set for the Public Records Office Executive Agency for 2002–03. [HL3516]

The following list sets out the key performance targets I have set for the Public Record Office for 2002–03.PUBLIC RECORD OFFICE KEY PERFORMANCE INDICATORS 2002–03

1

EFFICIENCY

KPI 1—Unit Costs of Key Activities

KPI 1A—Selecting and preserving the public records per metre: To ensure that the unit cost does not rise above £107.00.

KPI 1B—Giving Access Onsite: To ensure that the unit cost per information transaction with customers onsite does not exceed £8.80.

KPI 1C—Giving Access Online: To ensure that the unit cost per information transaction with customers online does not exceed £0.15.

KPI 2—Backlog of records in departments reported as being over 30 years old and awaiting review: To reduce the backlog, assessed in January 2002 as 1987 metres, by 115 metres.

QUALITY OF SERVICE

KPI 3—The achievement of Charter Standards as follows:

  • A (i) to make newly opened records and their catalogues available to users in accordance with specified time targets.
  • (ii) To answer 98.5 per cent of written correspondence within 10 days days.
  • (iii) To deliver records to users for consultation in the reading rooms in accordance with specified time targets.
  • (iv) To supply 98.5 per cent of copy orders in accordance with the specified targets and standards.
  • (v) To answer 80 per cent of telephone calls within 20 seconds.
  • (vi) To keep 98.5 per cent of appointments which visitors have made with us within 10 minutes.
  • B To carry out four onsite satisfaction surveys and to achieve assessments of "good" or "excellent" from 90 per cent of those expressing a view; to carry out two online satisfaction surveys and to achieve assessments of "good" or "excellent" from 80 per cent of those expressing a view.

    INCOME GENERATION

    KPI 4—To increase revenue generated by commercial activity to £850,000.

    MODERNISING GOVERNMENT

    KPI 5—Electronic Records Management:

    To support other government departments in achieving the government target for electronic records management by 2004 by;

  • (i) monitoring progress in departments against milestones and reporting to the Lord Chancellor, the e-Government sub-group and departments every six months and to others as appropriate to the level of action required;
  • (ii) targeting under-achieving departments and developing action plans to accelerate progress;
  • (iii) delivering a programme of workshops to support the action plans.
  • KPI 6—Electronic Service Delivery:

    To develop digital access to popular records so that 20,000 digital record images are delivered to customers.

    KPI 7—To raise an awareness of the PRO's holdings among under-represented groups in our user profile by means of a rigorous social inclusion programme the chief components of which are:

  • (i) To make available 90,000 images online as part of the Moving Here project.
  • (ii) To conduct an evaluation exercise with users (remote, at Kew and at the FRC) of the usability of PROCAT, DORIS and PRO Online.
  • (iii) To organise an event as part of Black History month and to produce one other targeted event.
  • (iv) To organise an educational focus event as part of the London String of Pearls Golden Jubilee programme.
  • 1 More information on these and other key targets is published in the Corporate and Business Plans.

    Zimbabwe

    asked Her Majesty's Government:Whether they will seek to have Mr Robert Mugabe indicted in the international court for crimes against his countrymen. [HL3362]

    The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office
    (Baroness Amos)

    The Rome Statute of the International Criminal Court has not yet come into force. When it does, the court will have no jurisdiction in respect of events pre-dating its existence. It may try only the offences listed in the statute. And it has limited jurisdiction in respect of offences committed in states which are not party to the statute, of which Zimbabwe is presently one.

    Computer Misuse Act Prosecutions

    asked Her Majesty's Government:How many prosecutions there have been under the provisions of the Computer Misuse Act 1990 in each year since its implementation. [HL3294]

    Number of persons1cautioned by the police and proceeded against for offences under the Computer Misuse Act 1990, United Kingdom, 1991–2000
    England and WalesScotland3Northern Ireland
    StatuteOffence DescriptionYearCautionsProsecutionsCautionsProsecutionsCautionsProsecutions
    Computer Misuse Act 1990, Sec 1Unauthorised access to computer material1991ֵֵ*ֵֵ
    1992ֵֵ*ֵֵ
    1993ֵֵ*ֵ
    1994ֵֵ*2ֵ
    1995ֵֵ*1ֵ
    1996ֵֵ*3ֵ
    1997ֵֵ*ֵ
    1998ֵ6*1ֵ
    199996*ֵ
    2200048*ֵֵ
    Computer Misuse Act 1990, Sec 2Unauthorised access with intent to commit or facilitate commission of further offences1991*ֵֵ
    19921*ֵֵ
    199311*ֵ
    19941*ֵ
    19951*ֵ
    19962*ֵ
    1997*ֵ
    19986*ֵ
    199923*ֵ
    2200053*ֵֵ
    Computer Misuse Act 1990, Sec 3Unauthorised modification of computer material19914*ֵֵ
    19926*1ֵֵ
    199317*1ֵ
    19943*ֵ
    199525*ֵ
    199662*ֵ1
    199717*ֵ3
    19984*1ֵ
    199974*ֵ
    22000158*ֵֵ
    1 Figures provided are on the principal offence basis.
    2 Staffordshire Police force were only able to submit sample data for persons proceeded against in the magistrates' courts for the year 2000. Although sufficient to estimate higher orders of data, these data are not robust at a detailed level and have been excluded from this table.
    3 The figures provided for Scotland have been derived from information held on the Scottish Executive Justice Department's court proceedings database.
    ֵ = not available.
    * = not applicable.
    — = nil.

    Police: Best Value Performance Indicators

    asked Her Majesty's Government:Whether they will announce the ministerial priorities and best value performance indicators for the police for 2002–03. [HL3522]

    We are pleased to announce that the statutory instruments have now been laid before the House. The ministerial priorities, which will come into effect on 1 April 2002, are: to help create safe communities by reducing crime, anti-social behaviour and disorder through effective partnership working, including reducing the availability and use of Class A drugs; to reduce the fear of crime in all sections of the

    The information requested is contained in the table.The number of cautions exceeded prosecutions in some years in England and Wales. These data are also shown.Information on cautions and court proceedings for 2001 will be available in the autumn.community and in particular to increase the trust and confidence in policing among minority ethnic communities; and to increase the number of offences for which offenders, and particularly persistent offenders, are caught and brought to justice, in partnership with other criminal justice agencies.Subject to the approval of both Houses, the best value performance indicators will also come into effect on 1 April 2002. My right honourable friend the Home Secretary has honoured his undertaking to the police that he would make a significant reduction to the number of indicators to focus police effort where it is most needed. The full list will be placed in the Library in the next few days.The Home Secretary will, by the summer, introduce a performance indicator on tackling persistent offenders. Persistent offenders must be caught and dealt with to protect the public from their activities. An indicator to measure police success in driving up performance will be introduced as soon as data collection systems are in place.

    Home Office And Prison Service Accommodation In London

    asked Her Majesty's Government:What progress has been made on the plans for new office accommodation for the Home Office and Her Majesty's Prison Service staff working in central London. [HL3550]

    A contract has been awarded to Annes Gate Property plc for a new development on the site of the former Department of the Environment offices at Marsham Street. The contract is for a period of 29 years and involves the construction of new office accommodation, its long-term maintenance and provision of facility management and business support services. The net present cost of the contract is around £311 million at current prices. The demolition of the existing building at Marsham Street will start as soon as possible. On current plans, completion of the new development is expected to be spring 2005. Westminster City Council has already given planning consent for the re-development of the site, which includes mixed office, residential and commercial development. The department plans to vacate five of its existing office buildings in central London after the move to Marsham Street.

    Leave To Remain In The Uk: Application Forms

    asked Her Majesty's Government:What plans they have to replace the application forms for foreign nationals wishing to apply for leave to remain in the United Kingdom. [HL3551]

    The current application forms are valid for use only until 14 April 2002. Revised forms will be prescribed before then. They will be available shortly. From the time they are issued until 14 April 2002, applications may be made on either the new forms or the present versions. Only the new forms may be used for applications made on or after 15 April 2002. Copies will be placed in the Library when they are available.

    Personal Income Tax: Top Rates In The Eu

    asked Her Majesty's Government:What is the current top rate of tax on income in each of the members of the European Union, indicating in each case the threshold of total income at which this rate of tax would be applied. [HL3404]

    The current top rates of personal income tax together with threshold levels of taxable income in EU member countries are shown in the following table. We are unable to provide threshold figures for total income because they vary depending on an individual's personal circumstances. For example in the UK an individual's threshold may vary accordingly to his entitlement to children's tax credit or age related allowances.

    CountryTop rates of tax including local taxes %Level of taxable income at which top rates apply in £ Sterling
    UK40.0029,400
    Austria50.0031,363
    Belgium160.7843,916
    Denmark59.0023,417
    Finland253.0033,724
    France53.2528,571
    Germany351.1733,913
    Greece40.0014,427
    Rep of Ireland42.0015,662
    Italy445.3442,985
    Luxembourg538.9521,270
    Netherlands52.0029,436
    Portugal40.0031,598
    Spain48.0041,581
    Sweden656.0028,342
    1 Belgium: national max rate (55%) plus crisis surcharge (3%) plus municipal surcharge (average 7.5%) total effective rate 60.775%.
    2 Finland: national max rate (36%). Local taxes range from 15.5% to 19.75%, say average 17%. Total 53%.
    3 Germany: max national rate 48.5% plus solidarity surcharge 5.5%. Total effective rate 51.1675.
    4 Italy: max national rate 45% plus regional surcharge of 0.5% to 1%, say average 0.75%. Total effective rate 45.3375.
    5 Luxembourg: max national rate 38% plus surcharge 2.5%. Effective 38.95%.
    6 Sweden: max national rate 25% plus average local rate 31%. Total 56%.

    Working Families' Tax Credit

    asked the Chancellor of the Exchequer:What the compliance statistics for working families' tax credit were in the nine months to 31 December 2001; and what the comparable statistics were in the previous year. [HL3508]

    Compliance statistics for the nine months to 31 December 2001 show an increased effectiveness in the Inland Revenue's compliance programme. Of the 16,016 inquiries completed in this period, 5,427 cases (34 per cent) were found to contain discrepancies and these produced a compliance yield of £10.4 million.I very much regret having to report that the Inland Revenue has advised me that some previous statistics relating to tax credit compliance have proved to be incorrect or incomplete. The correct equivalent figures for the year ended 31 March 2001 ate that, of the 31,211 inquiries completed in that year, 5,573 cases (18 per cent) were found to contain discrepancies producing a compliance yield of £7.7 million.

    These errors in the Inland Revenue's tax credit statistics have also resulted in incorrect information being given in responses to some Written Parliamentary Questions, in letters to honourable Members and during debates. I am writing to the Members concerned correcting errors and I will place a copy of the letters in the Libraries of both Houses.

    Pre-Budget Report: Measures For Business

    asked Her Majesty's Government:Whether they will give further details on measures for business in relation to the Pre-Budget Report in November 2001. [HL3549]

    As announced in the Pre-Budget Report in November 2001 and following consultation with business, the new corporation tax regime for substantial shareholdings will apply for disposals on or after 1 April 2002; the new corporation tax regime for intangible assets will also apply with effect from 1 April 2002.In addition, the Government are also proceeding with the new tax credit to encourage research and development by large companies which will apply from 1 April 2002. The credit will follow a simple volume based approach, final details of which will be announced in the Budget.Technical details of these measures will be published today and will be available to Peers from the Printed Paper Office.

    Customs And Excise: Prosecuting Authority Role

    asked Her Majesty's Government:What progress has been made in implementing the recommendations made by His Honour John Gower QC and Sir Anthony Hammond KCB QC in their report on prosecutions conducted by the Solicitors Office of HM Customs and Excise. [HL3512]

    In the Parliamentary Answer given by the then Attorney-General on 12 March 2001 (col WA 68) he announced that the Government had accepted all the recommendations in principle but had opted for a phased approach to implementation.Since that announcement, the Prosecutions Group of the Solicitors Office has forged ahead with a rapid programme of change to enable it to deliver legal services of a high quality in a responsive and flexible way. New managers and staff have been recruited, the organisation has been restructured and working practices are being reformed.

    The Parliamentary Answer also referred to accountability for the prosecutions function moving from the commissioners to the Attorney-General on 1 April 2002.

    Final agreement has not yet been reached on the implementation of Recommendation 4 of the Gower/Hammond recommendations which recommends that in relation to the prosecution function the solicitor for the Customs and Excise should not be funded by the commissioners but should have his own ring-fenced budget and be accountable for his own expenditure.

    This recommendation is accepted in principle by the Government but there are technical issues relating to the estalishment of a separate vote which require further time to resolve. The Government are committed to the full implementation of Recommendation 4 no later than 1 April 2003, but in the meantime the Prosecutions Group budget will remain as part of the Customs and Excise vote, though it will be separately identified and managed by the solicitor for the Customs and Excise and financial accounts reports will be produced as if that budget had been established as a separate vote.

    As a consequence of these revised arrangements, the Attorney-General will not assume full accountability for the prosecutions function from 1 April. Instead, from that date the following arrangements will apply:

  • (1) The commissioners (and Treasury Ministers) will be responsible for and accountable to Parliament for: anything done in the course of an investigation; enforcement policy, including the resources to be deployed; prosecution policy, ie the seriousness with which offences should in general be treated and wider issues of departmental policy such as the disclosure of informants; decisions on alternatives to prosecution such as compounding, civil evasion action etc.
  • (2) The Law Officers will be responsible for and accountable to Parliament for: the quality of legal advice given by investigation legal advisers; the quality of the Prosecutions Group casework decision-making in relation to cases referred to that group for prosecution; the application (the Prosecutions Group having consulted with Customs administrators, as appropriate) of prosecutions policy and public interest factors to individual defendants in cases referred to the Prosecutions Group for prosecution.
  • Inspection of the Prosecutions Group by the CPS Inspectorate will commence on 1 April 2002, and the Prosecutions Group will proceed with the trials referred to in the previous Parliamentary Answer.

    The Government are satisfied that the arrangements that will apply from 1 April strengthen the involvement of the Attorney-General with the difficult and complex criminal casework conducted by the Solicitors Office, maintain the momentum of change that has been established and preserve an appropriate position on parliamentary accountability.

    Cefn Croes: Proposed Wind Power Station

    asked Her Majesty's Government:Whether they will institute an inquiry into the nature, extent and impact of lobbying by the developers of the proposed wind power station at Cefn Croes, Ceredigion, of members of the Ceredigion Council Planning Committee. [HL3327]

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

    No. If there was any suggestions of impropriety then this would properly be a matter for the Local Government Ombudsman to look into.

    Broadband Services

    asked Her Majesty's Government:What progress is being made in their strategies to make it easier to access broadband services. [HL3449]

    The UK Online annual report, published in December 2001, detailed progress towards our broadband targets. Broadband services in the UK had continued to develop over the year, and 60 to 65 per cent of the country is now covered by an affordable broadband technology.Progress is being made by industry and government. Last year we announced a £30 million fund to encourage broadband roll-out in each region of the country, last week we set out how that money would be spent in each region and earlier this month the Government welcomed BT's announcement that they were looking to reduce wholesale prices for broadband.

    Sector Skills Councils

    asked Her Majesty's Government:Whether they have plans for setting up sector skills councils; and, if so, when. [HL3320]

    The Parliamentary Under-Secretary of State, Department for Education and Skills
    (Baroness Ashton of Upholland)

    We announced our intention to license sector skills councils (SSCs) in October 2001. Five trailblazer SSCs were announced in December. The new Sector Skills Development Agency (SSDA) will shortly invite employers to bring forward expressions of interest to form SSCs for their sectors. Expressions of interest will be assessed by the SSDA against the criteria detailed in the SSC development guide published in December. Successful sectors will receive funding to develop a full proposal within six months. The SSDA will recommend licences for those sectors whose proposals meet the SSC standard. To ensure that only those sectors where there is strong employer leadership and demand for a SSC come forward, there is no time limit by when employers must submit an expression of interest.

    Pupils Taking Gcses Early

    asked Her Majesty's Government:What criteria would be used to allow pupils to take GCSEs early to pursue more advanced studies:

  • (a) if they are in a school with a sixth form;
  • (b) if they are in a school without a sixth form. [HL3350]
  • All pupils who take GCSEs early will need clear routes for progression in their learning. The range and type of opportunities for progression will vary according to circumstances. The Green Paper 14–19: extending opportunities, raising standards notes the significance of institutional collaboration in the use of facilities and teaching staff; highlights the potential of ICT and interactive learning and of the Academy for Gifted and Talented Youth; and recognises the implications for teacher training and development. The Green Paper confirms that further guidance and support materials will be developed.

    Individual Learning Account Programme

    asked Her Majesty's Government:What reduction in the numbers of people undertaking training within the Individual Learning Account scheme has occurred since the withdrawal of that scheme, giving for each Learning and Skills Council Area the numbers of (a) unemployed, (b) single parents and (c) others. [HL3353]

    The Individual Learning Account programme was closed down completely on 23 November 2001. The department has taken steps to ensure all bookings of eligible learning are honoured. The department has put in place validation arrangements to process payments for claims already in the system when it was closed down and for submitting claims for learning booked but unconfirmed on the system at its closure on 23 November.The department does not hold information on the number of individuals who have not undertaken learning because of the closure of the Individual Learning Account programme.

    Physical Education And School Sport

    asked Her Majesty's Government:What is their response to the recommendations of the 2001 Charter for Physical Education and School Sport published by the Central Council for Physical Recreation in March 2002. [HL3411]

    We welcome the Central Council of Physical Recreation's (CCPR) 2001 Charter for Physical Education and School Sport and are pleased to note that the recommendations are broadly supportive of what the Government are trying to achieve. Our White Paper Schools: achieving success includes a commitment to ensure that all children have an entitlement to two hours of high quality PE and school sport a week, within and outside the curriculum

    Disability Discrimination (Amendment) Bill Hl

    asked Her Majesty's Government:Further to the statement by Baroness Hollis of Heigham on 6 March (HL Deb, cols. 352–53) that "It is not the case that the Government have any view on or support my noble friend's Bill—which must take its chance in the other place, as with all private Members' legislation", whether their approach to the Disability Discrimination (Amendment) Bill [HL] is one of neutrality; and whether they will refrain from supporting any objection to the Bill's Second Reading in the House of Commons. [HL3323]

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

    The Government do not believe that this Bill, tabled by the noble Lord, Lord Ashley of Stoke, is the right vehicle at the right time for taking forward legislation to amend the Disability Discrimination Act 1995 or the Disability Rights Commission Act 1999. Therefore, the Bill must take its chances in the House of Commons, as do all such Private Members' Bills.

    Nhs Purchasing And Supply Agency Annual Business Plan

    asked Her Majesty's Government:When the NHS Purchasing and Supply Agency will publish its annual business plan. [HL3509]

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

    We are please to announce that the NHS Purchasing and Supply Agency's annual business plan has been published and copies have been placed in the Library.

    Medical Devices Agency: Key Targets

    asked Her Majesty's Government:Whether they will publish the key targets for 2002–03 for the Medical Devices Agency. [HL3511]

    We have agreed the agency's key targets for 2002–03 and copies have been placed in the Library.

    Peerages: Agreement Of The Government Of Ireland

    asked Her Majesty's Government:Whether the Government of the Republic of Ireland have ever been consulted on the conferment of peerages; if so, when; about whom; why; and whether the practice will continue. [HL3102]

    The procedure is that the Government of Ireland would be asked for their consent before any of their nationals was ennobled but would not be invited to comment on the merits of any individual case. It is not the practice to disclose details relating to the award of honours and dignities.

    Europe: Views Of Sir Stephen Wall

    asked Her Majesty's Government:Whether they agree with the view recently expressed by Sir Stephen Wall, head of the European Secretariat at the Cabinet Office, that euro-scepticism and anti-Catholicism are linked. [HL3331]

    Britain's proper role is as a leader and partner in Europe. We will continue to get the best for Britain in Europe. As Sir Stephen Wall has already made clear, the recent views expressed by him and referred to in the Question were his personal views.

    Sex Discrimination Act 1975

    asked Her Majesty's Government:Further to the Written Answers by the Lord Privy Seal on 12 March (

    WA 61), whether they intend to ensure that parliamentary time will allow the relevant amendments to be introduced to the Sex Discrimination Act 1975 during the lifetime of this Parliament. [HL3416]

    The noble Lord will know that I cannot pre-empt the next (or, indeed, any other) Queen's Speech. As I said in my previous Answers, we are committed to extending the Sex Discrimination Act 1975 when parliamentary time allows.