Written Statement of 28 March 2003

ENVIRONMENT, FOOD AND RURAL AFFAIRS

  Foot and Mouth
  The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mr. Elliot Morley)
  I have today laid before Parliament Defra's Foot and Mouth Disease Contingency Plan, in accordance with Section 18 of the Animal Health Act 2002 which came into force on 24 March 2003.

  This Plan sets out the operational arrangements Defra will put in place to deal with any occurrence of foot and mouth disease.

  It replaces the version placed on Defra's website on 6 November 2002, announced to the House in a statement made on the Government's response to the Foot and Mouth Disease Inquiry reports.

  Defra's Contingency Plan is very much a "living document". It will be subject to ongoing revision taking on the latest scientific advice, developments in policy and comments from operational partners and stakeholders.

  To meet the provisions of the Animal Health Act, the Plan will also be subject to formal annual review.

  Copies of the Contingency Plan are available in the Libraries of both Houses.

  Non-native Species
  The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mr. Elliot Morley)
  The problems caused by invasive non-native species can be serious by transforming our ecosystems, altering natural habitats and threatening native species. This issue has been identified by the Convention on Biological Diversity as presenting one of the primary threats to biodiversity globally.

  Recognising this threat, in 2001 my Department, with the devolved Administrations in Scotland and Wales, convened a working group comprising a wide range of stakeholders to undertake a fundamental review of policy and practice on non-native species. The review was a commitment in the Government's Rural White Paper. This working group has now completed its review and submitted its report, published today by my Department.

  I welcome the report and recommendations of the working group on tackling this important matter. This is a complex and wide-ranging issue and we will be considering the review's report carefully in developing the Government's strategy to take this forward.
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  The Review was undertaken on a Great Britain-wide basis with significant input from the devolved Administrations in Scotland and Wales. Wildlife policy is devolved and so I cannot make commitments on behalf of Scotland and Wales. However, my Department will be liaising closely with the devolved Administrations in Scotland and Wales to investigate the scope for development of a co-ordinated response.

  Our Department will aim to produce an initial response to the report by this summer.

  Copies of the Report are available in the Libraries of both Houses.

PRIME MINISTER

  Interception of Communications Commissioner
  The Prime Minister (Mr. Tony Blair)
  In accordance with Section 57(1) of the Regulation of Investigatory Powers Act 2000, after consultation with the Foreign, Home and Northern Ireland Secretaries and the Scottish First Minister, I have decided to re-appoint Sir Swinton Thomas as the Interception of Communications Commissioner from 11 April 2003 to 10 April 2006.

  I am delighted that Sir Swinton Thomas has agreed to continue to serve as the Interception of Communications Commissioner.

HEALTH DEPARTMENT

  NHS Complaints
  The Parliamentary Under-Secretary of State for Health (Mr. David Lammy)
  I am publishing today "NHS complaints reform—making things right". It describes reforms to the National Health Service complaints procedure and sets out a programme to improve management of the whole complaints system, elements of which will be subject to the passage of the Health and Social Care (Community Health and Standards) Bill.

  The programme builds on the existing NHS complaint procedure, as well as wider initiatives, to introduce operational improvements focused on:

  making the system more flexible so that there are a range of ways in which people can express concerns about the services they have received,

  improving the local resolution stage so that formal complaints are more likely to be resolved, reducing the need for them to escalate unnecessarily,

  radical reform to the independent review stage, subject to primary legislation—by placing responsibility for it with the new Commission for Healthcare Audit and Inspection (CHAI),and

  making sure information about complaints and their causes are an integral part of the system that assures safe, high quality care, which is constantly improving.

  We will achieve this through a combination of changes to the structure and operation of the complaints procedure itself, and by recognising the place

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  complaints management has in the system for improving services and the quality of patients' experience of health care.

  The need for primary legislation to establish CHAI means it will not be fully operational before April 2004. This dictates the timetable for comprehensive reform of the NHS complaints procedure as whole. In the mean time, we will pursue supporting initiatives to bring about improvements in the general approach to complaints in the NHS, and pave the way for the more substantive reforms in 2004.

  Copies of "NHS complaints reform—making things right" have been placed in the Library.

TRANSPORT

  Catamaran Incident
  The Parliamentary Under-Secretary of State for Transport (Mr. David Jamieson)
  The Maritime and Coastguard Agency (MCA) has now completed a criminal investigation into the circumstances surrounding an incident on 16 January 2003 involving an abortive landing of the passenger ferry ALI CAT.

  The ALI CAT is a Class V vessel operating a passenger service only between Dunoon and Gourock during the period 16 October 2002 to 3 April 2003. I understand that arrangements are in place to provide appropriate services for the next 12 month period commencing 4 April 2003. On arrival in the Clyde on 16 October 2002 she was surveyed by an MCA surveyor, found to be in excellent condition and issued with a Class V Passenger Ship Certificate.

  Following allegations in November 2002 of the ship operation being unsafe the vessel was inspected twice. The second inspection involved the Health and Safety Executive and resulted in minor recommendations to improve gangway stability. The ship operation on both occasions was found to be safe.

  An incident on 16 January 2003 involving an abortive landing of the passenger ferry ALI CAT due to adverse weather conditions, caused passengers to raise concerns. The MCA has instigated a thorough criminal investigation into the circumstances surrounding that incident and the general accusation of unsafe operating practices.

  The MCA interviewed a total of 14 persons including three passengers that were on board the ALI CAT. The Agency was asked to publicise the inquiry to give more witnesses the opportunity to give evidence. However, criminal investigations are not made available to the public other than through the mechanism of a court trial and therefore this was not appropriate.

  A wave height measurement gauge was fitted at Dunoon Pier in January 2003. The ship operator modified on-board procedures instructing the Master of the ALI CAT not to embark or disembark passengers at the pier when the wave height is in excess of 0.6 metres (the lower limit of the maximum range recommended).
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  There were occasions when the ALI CAT did berth at Dunoon Pier contrary to the Pier Masters advice before the wave gauge was installed. However, the legal position in this situation is that it is the Master/Skipper who decides whether it is safe to dock the vessel, and this may differ from the advice of the pier authority. No statement taken during the MCA's investigation indicated that the ALI CAT was advised not to berth on the 16 January 2003. The Assistant Pier Master, the Master and the Mate of the ALI CAT were all interviewed.

  Since the wave height gauge was installed in January 2003 there have been no occasions when the skipper has ignored the advice from the pier master and berthed the ALI CAT at Dunoon.

  The MCA's report has determined that there was no serious breach of the Merchant Shipping Regulations caused by the incident on the 16 January 2003. It would be inappropriate to publicise the evidence taken and the deliberations which led MCA to arrive at this conclusion. However, the report recommended that:
  The owner of ALI CAT should develop Risk Analysis Plans for each of the routes operated by his vessels, with particular regard to systems of mooring in different weather conditions, which can be expected throughout the year.
  Caledonian MacBrayne, Argyll and Bute Council and the owner of the ALI CAT should undertake a joint review of the mooring system.

  The MCA have contacted the Chief Inspector of the Marine Accident Investigation Branch (MAIB) and advised him of the latest developments in relation to the ALI CAT incident. The Chief Inspector has reviewed the details in relation to the ALI CAT incident and has reconfirmed that the incident does not warrant investigation by the MAIB.

HOME DEPARTMENT

  Youth Court
  The Parliamentary Under-Secretary of State for the Home Department (Hilary Benn)
  The Crime and Disorder Act 1998 introduced statutory time limits under which cases must be brought to court and dealt with within certain prescribed time limits. These have been piloted in youth courts in six areas in England and Wales and evaluated by independent researchers.

  Sections 43–45 of the 1998 Act amended section 22 of the Prosecution of Offences Act 1985 to provide for the introduction of three sorts of statutory time limit (in addition to the statutory custody time limits which are already in force). The limits are:

  an initial time limit of 36 days from arrest to first listing.

  an overall time limit of 99 days from first listing to start of trial.

  a sentencing time limit of 29 days from conviction to sentence.

  The limits apply to all offences and start at the point of arrest. Whether the decision in a youth case is to reprimand, finally warn or charge, this has to be achieved within the 36 day period; after that time, the

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  case cannot be prosecuted without an extension from the court. Once in court, the case must reach the point of trial within 99 days.

  The police or the Crown Prosecution Service (CPS) can seek extensions of the initial or overall time limit but must satisfy the court that they have good and sufficient cause and that they have acted with due diligence. If these time limits are exceeded without an extension being granted then the case must be discontinued and cannot be re-instituted unless fresh evidence comes to light. There is an appeal mechanism in relation to refusals of applications for the overall time limit but not the initial time limit.

  The evaluators recommended that statutory time limits should be implemented from a human rights perspective. They argued that delays in the youth court need to be curbed in terms of time limits rather than time targets, because limits apply to each individual case rather than an average.

  The report recommends that before implementation, there should be a right of appeal by the police against a refusal to extend the initial time limit pre-charge. This is in order to avoid victims and witnesses of crime falling foul of the system if the police fail to prepare a case on time. Primary legislation would be needed to implement this change. In addition, the report suggests removing the sentencing time limit altogether.

  The report also expresses the view that national rollout would require significant funding, training and a review of court room and staff availability. We have carefully considered the final evaluation report and have consulted the agencies involved at national level.

  We have also given careful consideration to the priorities for the Criminal Justice System (CJS) following the Spending Review and the new national targets for the CJS. We have reviewed measures and targets which impact on performance across the board, to ensure a cohesive approach.

  Although statutory time limits have been made to work in the pilot areas, concerns have been expressed by the criminal justice agencies at the burden which the limits impose on the system.

  The Association of Chief Police Officers and the Crown Prosecution Service consider that the limits have increased the administrative burden for the police and CPS in dealing with youth cases. They are also concerned that the limits might conflict with the priority being given to improving the quality and effectiveness of case preparation to reduce the number of ineffective trials.

  The overall view is that the process adds to bureaucracy—if extensions are needed, applications have to be made to the court and notice served on the defence; and the time limit has to be recalculated for periods unlawfully at large. While only a few cases were lost because extensions were not applied for or were refused, this would be much more of a problem nationally and the potential for loss of public confidence in the system would be that much greater. The impact on victims is of particular concern, especially if the case was perceived as being dropped because of a procedural technicality.
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  We also consider that it is not necessary to have rigid statutory time limits in each and every case in order to deliver our aim of speedy and efficient preparation for trials or sentencing. In our view, custody time limits and the power of the courts to stay cases where delay amounts to an abuse of process are adequate legal safeguards against undue delay in bringing cases to trial.

  On balance, we consider that the benefits outlined by the final report are outweighed by the arguments put forward by the various agencies.

  Taken together with the many other measures that are being taken to improve case management in the Criminal Justice System, we have decided not to extend statutory time limits across England and Wales.

  Accordingly, I have made Regulations to revoke statutory time limits in the pilot areas; these will be laid before the House shortly, to come into force on 22 April 2003.

  The focus on timeliness will continue. All CJS areas will be expected to work towards meeting and maintaining the Government's objective to halve the average time from arrest to sentence for persistent young offenders—a target that has been achieved nationally for 15 consecutive months. Timeliness targets have been extended to encompass all youth court cases and other cases in the adult magistrates courts and Crown Courts.

  The key to successful case management is interagency co-operation with the police, prosecution and courts all playing their part as cases move through the system. We have given the youth courts the tools to monitor live cases and have provided funding for case progression officers. The Local Criminal Justice Board will monitor performance on timeliness and will report to the National Board.

  The evaluation report is available to Members on the Home Office research website: http://www.homeoffice.gov.uk/rds. Copies have been placed in the Library.

TRADE AND INDUSTRY

  Companies House
  The Parliamentary Under-Secretary of State for Trade and Industry (Miss Melanie Johnson)
  I have set the following targets for the year 2003–04.

  Operational Targets

  To achieve, on average, a monthly compliance rate for accounts submitted of 95 per cent.

  To ensure that 96.5 per cent of all forms submitted to Companies House are captured error-free.

  To ensure that 98 per cent. of all images placed on the Companies House image system are error-free.

  Question delegated to the Chief Executive.
  The Chief Executive to reply within 10 days to all letters from Members of Parliament delegated to her for reply.
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  Customer Services and Complaints Handling

  To ensure that products and services on Companies House Direct are available for 98 per cent. of the time between the supported hours of 7am and 8pm, Monday to Friday.

  To ensure that products and services on Companies House website are available for 98 per cent. of the time between the supported hours of 7am and 8pm, Monday to Friday.

  To achieve a score of more than 80 per cent. in each quarterly Companies House Customer Satisfaction Survey.

  To resolve 97 per cent. of complaints within five days.

  Financial Targets

  To maintain a unit cost reduction of 3 per cent. in real terms on document registration.

  To achieve, taking one year with another, a 6 per cent. average rate of return based on the operating surplus expressed as a percentage of average net assets.

  To pay all bills due within 30 days, or on other agreed credit terms, on receipt of goods or services or a valid invoice, whichever is later.

  Radiocommunications Executive Agency
  The Minister for E-Commerce and Competitiveness (Mr. Stephen Timms)
  I have set the Radiocommunications Agency the following quality of service targets for 2003–04 in respect of its licensing and enforcement activities, and correspondence. They are effective until the Agency's transfer from the Department to the Office of Communications (Ofcom). They are in addition to achieving an overall efficiency improvement of 5 per cent. over 2002–03.

  Licensing Targets (from 1 April to 30 June 2003)

  Category A
  Licences that involve no frequency assignment, site clearance or international co-ordination: 100 per cent. of applications for new or varied services to be awarded or rejected (with explanation) within 5 working days.

  Category B
  Licences that involve frequency assignment but no site clearance or international co-ordination: 90 per cent. of applications for new or varied services to be awarded or rejected (with explanation) within 15 working days; the remainder to be awarded or rejected within 25 working days or an explanation of the delay to be given.

  Category C
  Licences that require frequency assignment and site clearance and/or international co-ordination: 90 per cent. of applications for new or varied services to be awarded or rejected (with explanation) within 40 working days; the remainder to be awarded or rejected within 60 working days or an explanation of the delay to be given.
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  Licensing Targets (from 1 July 2003, to reflect the new Authorisation Directive, which will use calendar days in place of working days)

  Category A
  Licences that involve no frequency assignment, site clearance or international co-ordination: 100 per cent. of valid licence applications for new or varied services to be awarded or rejected (with explanation) within 7 days.

  Category B
  Licences that involve frequency assignment but no site clearance or international co-ordination: 90 per cent. of valid licence applications for new or varied services to be awarded, or rejected with explanation, within 21 days; and the remainder to be awarded or rejected within 42 days.

  Category C
  Licences that require frequency assignment and site clearance and/or international co-ordination: All valid licence applications for new or varied services to be awarded or rejected (with explanations) within 42 days; except where international clearance is involved, applications to be awarded or rejected within 60 days or an explanation of the delay to be given.

  Enforcement (applicable all year)
  100 per cent. of safety of life services reports of interference to be investigated within 24 hours.

  98 per cent. of business customers reports of interference to be investigated within 5 working days; the remainder within a further 5 days.

  98 per cent. of domestic customers reports of interference to be investigated within 1 month; the remainder within a further month.

  90 per cent. of complainants to be sent a formal case update within 10 working days after the start of an investigation, the remainder within a further 10 days.

  Correspondence (applicable all year)
  I also expect all correspondence from hon. Members delegated to the Chief Executive by Ministers or otherwise for reply, and all written complaints addressed to him about Agency services, to be answered within 10 working days of receipt; the Agency's inquiry point to respond to 95 per cent. of calls within 30 seconds; and 100 per cent, of valid invoices to be paid within 30 days of receipt (or as agreed with the supplier).

  Insolvency Service
  The Parliamentary Under-Secretary of State for Trade and Industry (Miss Melanie Johnson)
  The Insolvency Service's planning assumption is that compulsory insolvencies will total 33,000 in the year to 31 March 2004, and I have therefore set it the target of completing 26,000 case administrations in the year to 31 March 2004. This figure takes into account plans for Official Receivers to retain more cases with assets in order to ensure increased payments to creditors.
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  I have also set it targets for 2003–04 of containing an increase in the unit costs of administering bankruptcy and compulsory liquidation cases to plus 1 per cent. in real terms from the baseline of 2001–02; and containing the increase in the cost of investigations of bankruptcy and compulsory liquidation cases by plus 10 per cent, in real terms from the baseline of 2001–02. The increases reflect investment in staff and IT ahead of the implementation of the Enterprise Act. The investment is expected to lead to a reduction in unit costs over the next 4 years.

  As part of its role in securing confidence in the market I expect the Insolvency Service to investigate and report financial misconduct, to assist in the prosecution of criminal offences and to bring proceedings for disqualification in all cases where that is in the public interest. I also expect the Service to reduce the average time of concluding disqualification proceedings from 26 months to 25 months by 31 March 2004; and to increase the percentage of disqualification cases concluded within 30 months from 78 to 84 per cent, and those within 24 months from 40 to 45 per cent.

  I have set the Service a target to improve the benchmark score for the Service's User Satisfaction Index, introduced in 2002–03, to 84 per cent, by 31 March 2004 and to publish its survey results quarterly.

  The Service is also expected to:
  Check and action at least 98 per cent, of Insolvency Services Account payment requisitions within 4 days or the due date, and
  Action 100 per cent of invoices for payment within 30 days of receipt and improve the percentage of invoices for payment within 20 days from 95 to 97 per cent.
  Action 80 per cent, of redundancy payments claims within 6 weeks.

  The Chief Executive is also required to reply to correspondence from Members of Parliament within ten working days.

  Patent Office
  The Parliamentary Under-Secretary of State for Trade and Industry (Miss Melanie Johnson)
  I have set the Patent Office the following targets for 2003–04:

  PATENTS

  To increase performance year on year so that 90 percent, of search reports are issued within six months of request by 2005–06.

  The milestones towards achievement of this target are:

  by 2003/04–75 per cent.

  by 2004/05–80 per cent.

  by 2005/06–90 per cent.

  To grant 90 per cent, of patents within 3 years of request.

  DESIGNS

  To register 90 per cent, of correctly filed design applications, to which no substantive objections have been raised, within 3 months of the date of application.

  TRADE MARKS

  To reduce to an average of 26 weeks the time taken to issue a decision in trade mark inter partes cases once the case is ready.
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  POLICY

  To publish details of progress towards key milestones in UK and International policy development in the Annual Report and on our web site.

  EFFICIENCY TARGETS

  To increase output in relation to current operational expenditure by an average of at least 2 per cent. per annum measured over a rolling 3 year period.

  In addition to these key targets:

  CUSTOMER SERVICE STANDARDS

  To meet our Customer Service Standards as shown in the Annual Report and on our web site at http://www.patent.gov.uk/.

  FINANCE

  The Office will pay 100 per cent, of bills within 30 days of receipt of goods or services or a valid invoice, whichever is the later.

  QUESTIONS DELEGATED TO THE CHIEF EXECUTIVE

  The Chief Executive will reply within 10 working days to all letters from Members of Parliament delegated to her for reply.

  Chemical Weapons
  The Parliamentary Under-Secretary of State for Trade and Industry (Nigel Griffiths)
  I have appointed Dr J Marriott, the new Government Chemist to the Committee for a period of three years. He replaces Dr Worswick, the former Government Chemist.

  Employment Tribunals
  The Secretary of State for Trade and Industry (Ms Patricia Hewitt)
  With my right hon. and noble Friend the Lord Chancellor I am today announcing the reconstitution of the Employment Tribunal System Taskforce, under the Chairmanship of Janet Gaymer.

  The Taskforce will monitor progress on implementation of its recommendations, to support the Government's strategic objectives for an Employment Tribunal system that is cost-effective and efficient and reflects the needs of its users.

  The full membership of the Taskforce will be:

  Janet Gaymer (Chair)

  Senior Partner, Simmons & Simmons

  Sarah Anderson CBE

  Chief Executive, Mayday Group

  John Cridland

  Deputy Director General, CBI

  Rita Donaghy OBE

  Chair, Acas

  Alan Jones OBE

  Group Managing Director, TNT Express

  His Honour Judge Meeran

  President, Employment Tribunals (England & Wales)

  Colin Milne

  President, Employment Tribunals (Scotland)

  Frances O'Grady

  Deputy General Secretary, TUC

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  (His Honour Judge Meeran joins the Taskforce in place of His Honour John Prophet who has retired since the publication of the Taskforce report. Frances O'Grady, Deputy General Secretary for the TUC, replaces Brendan Barber who is now General Secretary Elect of the TUC).

  Enterprise Act
  The Parliamentary Under-Secretary of State for Trade and Industry (Miss Melanie Johnson)
  The substantive competition and consumer provisions of the Enterprise Act (Parts 1 to 9) will come fully into force on Friday 20 June 2003. This includes:

  A new power for designated consumer bodies to bring supercomplaints to the OFT which will then have a duty to respond within 90 days.

  A quicker, cheaper ability for consumers to bring damages claims in cases of competition infringement to the Competition Appeal Tribunal (CAT). Groups of consumers will also be able to be represented by designated consumer bodies.

  A streamlined approach to third party appeals in Competition Act cases, allowing third parties to go direct to the CAT.

  A new merger regime, giving the competition authorities independence in the vast majority of new merger investigations.

  A new market investigations regime, again with the OFT and Competition Commission now taking the lead in deciding what action to take in respect of markets that are not working.

  A new criminal offence for individuals who dishonestly engage in hard-core cartels. These individuals will be liable to prosecution and imprisonment for up to five years and a leniency regime will encourage whistle-blowing by cartel members.

  A new ability for the OFT and sector regulators to seek disqualification of directors who have been responsible for breaches of competition law.

  The extension of the Stop Now Orders regime to protect consumers from traders who do not meet their legal obligations.

  New provisions for the disclosure of specified information obtained by a public authority under certain consumer and competition legislation.

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  We are finalising (subject to Parliamentary approval) the content of the necessary secondary legislation and guidance, and we will be putting this material onto the website over the next few days.

  The newspaper merger regime will remain in place until later in the year since it is being updated by the Communications Bill. The separate water merger regime will be commenced once the Water Bill currently before Parliament has clarified the scope of the regime.

DEPUTY PRIME MINISTER

  Private Finance Initiative
  The Parliamentary Under-Secretary of State, Office of the Deputy Prime Minister (Mr. Christopher Leslie)
  I am announcing today the names of six local authorities with whom my Office will work on the develoment of joint service centre schemes under the Private Finance Initiative. These are:

  Barking & Dagenham

  Derbyshire

  Essex

  Lambeth

  Nottingham

  Rochdale

  These schemes will improve the accessibility of information and services to local communities and integrate their provision, both across the authority and with other agencies.

  Whether schemes ultimately proceed will depend on authorities working up business cases which satisfy the scrutiny of the inter-departmental Project Review Group (PRG), which considers all local government PFI schemes seeking central Government support. Endorsement by PRG is essential before schemes can be put out to tender.

  The total value of the PFI credits that will be allocated, if all these schemes are endorsed and proceed to contract signature, is about £50 million.