Written Answers
Friday, 1st November 2002.
Brownfield Land
asked Her Majesty's Government:Whether they will clarify the definition of the expression "brownfield land" as used in Policy Planning Guidance 3, in relation to small sites in rural villages set in open countryside [HL6062]The Minister of State, Office of the Deputy Prime Minister (Lord Rooker): There are various definitions of brownfield land. For the purposes of Planning Policy Guidance Note 3
Housing (PPG3) such land is referred to as "previously-developed land". The full definition with explanatory notes is set out in Annex C of PPG3. Previously-developed land may occur in both built-up and rural settings and is not dependent on the size of a site.
Housing: Density In Rural Villages
asked Her Majesty's Government:Whether the maximum density of 30 housing units per hectare, as set out in Policy Planning Guidance 3, is compatible with all other passages of the PPG; and whether the application of this minimum density of housing in rural villages is in keeping with Her Majesty's Government's commitment to provide housing to meet local needs in order to secure a mixed and balanced community. [HL6063]Lord Rooker: The policies set out in Planning Policy Guidance Note 3
Housing (PPG3) are concerned with meeting the housing requirements of the whole community in the most sustainable way. Local planning authorities are expected to make sufficient land available in rural areas to meet the needs of local people and to encourage housing developments which make more efficient use of land (at least 30 dwellings per hectare net). PPG3 explains that good design and layout can help to achieve the Government's objectives of avoiding the inefficient use of land and creating mixed communities.
Electronic Voting
asked Her Majesty's Government:Whether they agree with the assessment of Rebecca Mercuri, assistant professor of Computer Sciences at Bryn Mawr College in Pennsylvania, that e-voting gives far greater scope for electoral fraud than existing polling methods; and what are the implications of this for their policy towards e-voting. [HL6049]
Our consultation paper In the Service of Democracy (July 2002) set out the Government's proposed approach to taking forward e-voting, including promoting with the independent Electoral Commission and the Local Government Association pilots in local elections. We are aware of Professor Mercuri's work and her views, and as part of our wide-ranging consultation officials have met with the professor and we will be looking carefully at what she says, along with all the many other comments and representations we receive. We have already made it clear that before an electronic voting system can be established, it will be vital to ensure that the system is at least as secure as existing methods and that people trust the system.
Criminal Records Bureau
asked Her Majesty's Government:What steps they are taking to ensure that the Criminal Records Bureau delivers an effective service to its customers. [HL6323]
The Government are committed to the delivery of an effective service for undertaking pre-employment criminal record checks for people working with children and vulnerable adults. The Criminal Records Bureau (CR B) has not so far been able to provide a satisfactory service.A number of steps have already been taken to improve the CRB's performance. In May an initial service improvement plan was put in place. As a result the number of disclosures issued by the CRB has increased from an average of 24,500 per week in August to an average of 39,500 per week in the three weeks ending 26 October. The CRB has now issued 541,000 disclosures.In addition, in September my right honourable friend the Home Secretary announced the appointment of an independent team, led by Patrick Carter, to take a fundamental look at the strategy and operations of the CRB and its private-sector partner, Capita. The team will be looking to identify the longer-term changes in the way the CRB operates to ensure that it can meet the demand both for the standard and enhanced disclosures already in place and the basic disclosures to be introduced in due course.I expect the independent team to report to the Home Secretary with their conclusions and recommendations by the end of the year. It is likely, however, to require a period of months before any system changes necessary to deliver the required step change in the CRB's output can be fully implemented. In the mean time, it is expected that there will be a gradual improvement in performance through the ongoing service improvement plan.In the interim, we need to take steps to ensure that the demand for disclosures is in line with the CR B's current ability to process the applications. The Home Secretary has therefore agreed with the Secretaries of State for Health and for Education and Skills a number of measures to defer the existing or proposed requirement on certain occupations or office holders to obtain a CRB disclosure.Persons caring for children and vulnerable adults will, as now, continue to be subject to rigorous pre-employment checks, including confirming previous employment history and taking up references, to ensure their suitability for the position in question. All those occupations which were subject to a criminal record check prior to the advent of the CRB will continue to be subject to such a check.The details of the measures are set out below.
Care Homes.
The care homes regulations (relating to care homes for adults) currently require CRB checks for existing staff—that is, those employed to work in a care home immediately before 1 April 2002—to be completed by 31 March 2003. The Government will be amending the regulations to extend this time limit. Existing care home staff will now be required to obtain a CRB check during the course of 2004. New care home staff will continue to be required to have CRB checks, as will registered providers and managers of care homes.
Nurses Agencies and domiciliary care agencies.
Nurses supplied by nurses agencies, and staff supplied by domiciliary care agencies, will not be required to have CRB checks for the time being. The Department of Health will still be going ahead with the introduction of the nurses agency and domiciliary care agency regulations to come into effect in February 2003, but without the requirement for CRB checks. Staff will be required to provide a statement that they have no criminal convictions, or to provide a statement of any criminal convictions that they do have.
The CRB check requirements will, however, apply to registered providers and managers of nurses agencies and domiciliary care agencies.
Some nurses agencies are already having to comply with requirments for CRB checks, which stem from the care homes regulations and the private and voluntary healthcare regulations which are already in place. These require checks to be made before temporary staff can be placed in those settings. These requirements have been in place since April 2002, and are not being removed.
Other Department of Health regulations.
There will be no change to other regulations under the Care Standards Act 2000. Furthermore, none of these measures affects the requirements for those working with children to have a Protection of Children Act list check and the checks required by the Children's Homes Regulations and the Fostering Services Regulations.
It is planned that regulations on residential family centres and adoption agencies will come into effect, with CRB check requirements, in February and April 2003 respectively.
In addition, my right honourable friend the Secretary of State for Health has agreed to postpone the implementation of the protection of vulnerable adults list provided for in the Care Standards Act.
All these arrangements are designed to avoid having regulations in place which cannot be complied with by providers. The Government recognise the importance of criminal records checks but at the same time providers must not be prevented oparating. Care homes have to be able to continue to employ existing staff, and we believe the domiciliary care agencies and nurses agencies should not be prevented being able to place staff because they have not obtained checks.
The regulations and national minimum standards, even without the CRB check requirements, will still be a significant factor in driving up standards and protecting service users. Among other things, they will cover the way the organisation is run, recruitment procedures, staffing arrangements, user feedback, information for service users, all of which are part of a system to protect vulnerable people.
School Governors.
School governors will not be required to have CRB checks for the time being. The Department for Education and Skills will still be going ahead with the introduction of the School Governance (Constitution) Regulations to come into effect in April 2003, but without the requirement for CRB checks.
The Government remain committed to introducing CRB checks in these areas at the earliest possible opportunity.
The Home Office, in conjunction with the Department of Health and the Department. for Education and Skills, will be issuing detailed guidance to registered bodies about the implications of the above measures. The three departments will continue to work with their partners and the CRB as the situation develops.
Fairground Rides: Accidents Leading To Prosecutions
asked Her Majesty's Government:How many recorded accidents on funfairs in pleasure parks in the past three years have resulted in prosecutions. [HL.6108]
During the period 1998–99 to 2000–01, the last three years for which official, validated statistics exist, 24 accidents which occurred on static and travelling rides in fairgrounds resulted in completed prosecutions. In addition, prosecutions arising out of a further eight accidents have not yet been completed.