Written Statement of 18 January 2005

  Parental Separation
  The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton)
  This Statement is being made on a joint basis, together with my right honourable friend the Secretary of State for Education and Skills and my right honourable friend the Secretary of State for Trade and Industry and Minister for Women and Equality.

  I am pleased to report that Parental Separation: Children's Needs and Parents' Responsibilities: Next Steps is today being presented to Parliament, and sets out the Government's response to the consultation on the proposals set out in Parental Separation: Children's Needs and Parents' Responsibilities which was published on 21 July 2004.

  Parental separation is potentially damaging for children involved, especially where the separation is acrimonious. Each separation occurs in different circumstances and parents are, of course, best placed to decide the arrangements that are most likely to meet the needs of their own children. The Government's role is to provide and improve the legislative framework and related services, also working with others to make available advice and support.

  We received over 250 responses to the consultation and I am grateful for respondents' comments and suggestions. While opinions about individual proposals differed, the overwhelming majority of respondents welcomed the general thrust of the Green Paper. Each of the actions set out in the Next Steps response, informed by the consultation responses, will be taken forward in a timely way, with new legislation being pursued as soon as parliamentary time allows.

  A topic that was frequently raised in the consultation responses was whether, and what kind, of legislative change was needed to reinforce the proposals. Some respondents called for a presumption of equal contact after separation to be introduced, while many others were supportive of the current legal position. The Government are not persuaded that any legislative change to introduce a presumption of equal contact would benefit children. New legislation will be introduced in the areas of facilitation of contact and enforcement of contact orders.

  In addition to the launch of the response document, I am also pleased to announce that we are investing £3 million and £4.5 million in 2006-07 and 2007-08 respectively to develop services to support child contact, including those delivered through child contact centres. We will be working over the coming months to develop specific plans for the use of these new resources. In addition, we are today launching a revised version of the Parenting Plans, which will be subject to consultation.
  WS 20
  I am confident that the implementation of the agenda for action set out in the Next Steps will secure improved outcomes for children who experience the separation of their parents.

  Bosnia and Herzegovina: Export Licence Application
  The Minister of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean)
  In December 2004 the Government issued four licences for the export of armoured jackets to the Ministry of Security in Bosnia and Herzegovina. The Ministry of Security required the vests for the State Information and Protection Agency (SIPA). SIPA is responsible for, inter alia, diplomatic protection, which includes the British Embassy in Sarajevo as well as the missions of EU partners and other allies; tackling organised crime; and investigating war crimes.

  An EU arms embargo has been in place against Bosnia and Herzegovina since 1996. The purpose of the embargo was to aid the establishment of peace and stability for the people of the region, taking into account in particular the need to ensure the safety of international troops and civilian personnel deployed. The embargo was amended in 1999 to exclude demining equipment and the transfer of small arms to the police.

  We fully support the EU embargo. However, we are, in limited circumstances, prepared to make exceptions where denying an export would frustrate the purposes of the embargo. The UK has been active in encouraging Bosnia and Herzegovina to take greater responsibility for maintaining the rule of law and strengthening civilian policing. I am confident that granting this exception is fully consistent with this responsible approach of supporting the development of civilian policing while respecting the aims of the embargo.

  Iran: Nuclear Programme
  Baroness Symons of Vernham Dean
  My right honourable friend the Secretary of State for Foreign and Commonwealth Affairs (Mr Jack Straw) has today laid before the House Command Paper 6443 Iran's Nuclear Programme: A Collection of Documents. Cm 6443, which includes a preface by the Foreign Secretary, records the international effort over the past two years to establish with confidence whether Iran's nuclear programme is for peaceful purposes.

  Copies have been placed in the Library of the House and the Printed Paper Office.

  Defence Dental Agency: Disestablishment
  The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Bach)
  My honourable friend the Parliamentary Under-Secretary of State for Defence (Mr Ivor Caplin) has made the following Written Ministerial Statement.
  WS 21
  As part of my strategy for improving the management and delivery of health services across defence, the Defence Dental Agency will be disestablished as an agency with effect from 1 April 2005. On that date responsibility for delivering defence dental services will transfer to the Director General Healthcare. The renamed Defence Dental Services organisation will become a component of his "managed military health system for force generation".

  This decision follows a full review of the DDA's status in line with the recommendations of the Landscape Review and in recognition of the changes that have taken place since the Medical Quinquennial Review of 2001, most notably the appointment of a Director General Healthcare to develop and implement coherent end-to-end processes for the delivery of health services to military personnel and entitled dependants. The review concluded that the important work of the DDA in promoting oral health, providing a primary dental treatment service and providing deployable dental personnel to support operations should be streamlined and rationalised within DG Healthcare's managed military health system in support of force generation. I am confident that this arrangement will preserve the benefits that have accrued as a result of agency status (improved tri- service working, professionalism and customer focus) while delivering real business benefits—contributing to a stronger emphasis on the health needs of service personnel to ensure that they are fit and healthy to deploy when needed.

  Trident Programme: Acquisition Cost Estimate
  Lord Bach
  My right honourable friend the Secretary of State for Defence (Mr Geoffrey Hoon) has made the following Written Ministerial Statement.

  The current estimate of the total acquisition cost of the Trident programme, with payments already made expressed at the prices and exchange rates actually incurred and future spend at the current financial year exchange rate (the hybrid) estimate, is now £9,804 million. Leaving aside the effects of price inflation and exchange rate variation there has been a cost increase of £3 million which reflects adjustments to the final outturn costs in the submarine area. Expenditure on the Trident acquisition programme to 30 September 2003 represented over 99 per cent of the total estimate. If all expenditure, past and projected, is brought up to this current year's economic conditions (the non-hybrid estimate) the estimate is £14,893 million.

  The programme continues to show an overall reduction in real terms on its original 1982 estimate. This reduction, including the savings resulting from the decision to process missiles at the United States facility at Kings Bay, Georgia, now stands at over £3.6 billion at current prices.

  The proportion of the estimate for work undertaken in the United Kingdom continues to be around 70 per cent.
  WS 22
  Our four in-service Vanguard Class submarines are successfully maintaining continuous at-sea deterrence, with HMS "Vanguard" nearing completion of a planned major overhaul.

  Estimate table

  £million

  US

  UK

  Total

  Hybrid

  Previous estimate (2003) at2002-03 economic conditions (£1:1.39 dollars)

  2.884

  6,918

  9.802

  Real changes

  0

  +3

  +3

  Price Inflation on unspent balance

  0

  0

  0

  Exchange Rate Variation on unspent balance

  -1

  -1

  Revised Estimate at 2003-04 economic conditions (£1:1.514 dollars)

  2,883

  6,921

  9,804

  Non-hybrid

  Previous estimate (2003) at 2002-03 economic conditions (£1:1.39 dollars)

  4,336

  10,578

  14,914

  Real changes

  0

  +3

  +3

  Price Inflation

  +74

  +265

  +338

  Exchange Rate Variation

  -362

  -362

  Revised Estimate at 2003–04 economic conditions (£1:1.514 dollars)

  4,048

  10,846

  14,893

  Note:

  Figures rounded to nearest £million hence any apparent imbalances.

  British Energy plc: Restructuring
  The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Sainsbury of Turville)
  My right honourable friend the Secretary of State for Trade and Industry (Ms Hewitt) has made the following Written Ministerial Statement.

  British Energy plc announced on 14 January 2005 that it had successfully implemented the restructuring plan it announced on 28 November 2002.

  The Government's overriding objectives in supporting British Energy were nuclear safety and security of electricity supplies. The successful completion of the restructuring has secured these objectives while safeguarding the interests of the taxpayer.

  I would remind the House that, as part of the restructuring and in addition to the significant contribution being made by British Energy's other financial stakeholders, government are taking financial responsibility for the company's historic spent nuclear fuel liabilities. The estimated cost to government remains as set out in my Statement to the House on 28 November 2002, i.e. £150 million to £200 million a year on average for the next 10 years, falling thereafter. British Energy will also be making new and enhanced payments, including 65 per cent of its annual free cash-flow, to the Nuclear Liabilities

  WS 23
  Fund (NLF) which will be used to pay for the costs of decommissioning the company's nuclear power stations and certain other nuclear liabilities. The Government are underwriting the NLF to ensure safety and environmental protection. The Government's support for British Energy has been approved by the European Commission, subject to certain conditions.

  British Energy has relisted its shares and will continue as a public limited company managed by its board of directors and subject to the normal private sector disciplines and requirements. The company will have the freedom to run its business, in terms of corporate, operational and financial policies, subject both to the measures the Government have taken in the restructuring agreements, including monitoring arrangements, to manage its financial exposure to British Energy's liabilities, and to conditions attached to the European Commission's approval of the restructuring aid. The restructuring agreements strike a balance between protecting taxpayers' interests and ensuring these private sector disciplines maximise the company's contributions to its liabilities.

  The Government Restructuring Agreement signed on 1 October 2003 has now been fulfilled. It committed the Government to entering into certain legally binding agreements on the Restructuring Effective Date (14 January 2005) and these have now come fully into effect. The principal agreements were set out in my Statement to the House of 14 October 2003 (Official Report, col. 11 WS ). I will be placing copies of the final versions of these agreements on my department's website and in the Libraries of both Houses shortly.

  NHS Foundation Trusts: Applications
  The Parliamentary Under-Secretary of State, Department of Health (Lord Warner)
  My right honourable friend the Secretary of State for Health has made the following Written Ministerial Statement today.

  I have today placed in the Library a list of National Health Service trusts that submitted a preliminary application for NHS foundation trust status in late November 2004, as part of wave 2, and that have been successful in the preliminary application phase. All 32 trusts, including for the first time eight mental health trusts, will now enter the preparatory phase of the application process for NHS foundation trust status.

  Applicants must satisfy the requirements of the preparatory phase and retain a three star rating this summer in order to receive my support to make an application to Monitor (whose statutory name is the Independent Regulator of NHS foundation trusts) for consideration for authorisation as a NHS foundation trust. The objective of the preparatory phase is to help applicants to develop the arrangements and systems that they will need to have in place to be established as NHS foundation trusts and operate successfully. The preparatory phase will therefore include developing
  WS 24
  new governance arrangements, a five year business strategy and a human resources strategy. Applicants will also be required to undergo an independent financial review and hold a public consultation where they must demonstrate that they have consulted staff, local NHS partners and the public on their proposals and that their proposals fit with the local vision for health services.

  I expect to make decisions on preparatory phase applications in autumn 2005 only after I have had the opportunity to consider fully the outcome of the review into the policy by the Healthcare Commission (whose statutory name is the Commission for Healthcare Audit and Inspection). This is due to be published in summer 2005. Applicants will begin their public consultation only after the outcome of the review is known, which will allow them to take into consideration issues arising from the review when finalising their preparatory phase proposals. Once applicants have received my support, decisions on authorisations will strictly be for Monitor after having satisfied itself of an applicant's preparedness and viability for foundation status.

  Medicines for Human Use(Clinical Trials) Regulations 2004
  Lord Warner
  I am today notifying Parliament of the Government's proposals to amend the requirements of the Medicines for Human Use (Clinical Trials) Regulations 2004 for consent in emergency situations.

  The Clinical Trials Directive(1)" requires that before an incapacitated person is entered into a clinical trial his or her legal representative must give consent. Our implementing regulations include specific provision for establishing who should act as the legal representative. Since the implementing regulations came into force on 1 May 2004, researchers conducting a large international trial in cardiac arrest (the TROICA trial) have concluded that the scheme for establishing the legal representative and obtaining his or her consent is unworkable for clinical trials set in the context of emergency medicine. Thus, it would prove impossible to include United Kingdom patients in such trials unless the UK's requirements were amended.

  The Medicines and Healthcare Products Regulatory Agency will consult on a proposal to amend the regulations so that an incapacitated person can be entered into a clinical trial involving emergency treatment prior to consent being obtained from his or her legal representative. This exception to the requirement for prior consent would be subject to strict safeguards. The proposed approach would be consistent with the accepted international standards for conducting clinical trials in emergency situations as set out in the International Conference on Harmonisation guidelines(2) on good clinical practice, and with the approach for research envisaged in the Mental Capacity Bill.
  WS 25
  It is the Government's view that the proposed amendment would ensure that the rights, safety and well-being of those participating in clinical trials of medicines are protected while also ensuring that new treatments for medical emergencies can be developed in the UK.

  1Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the member states relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use. OJ L 121 1.5.2001 p. 34

  2Note for guidance on good clinical practice CPMP/ICH 135/95

  Civil Service (Management Functions) Act 1992
  Lord Bassam of Brighton
  Since the last report to Parliament,Official Report, 13 January 2004, col.28 WS, the existing delegations/authorisations (other than those relating to the Arbitration, Conciliation and Advisory Service, the Health and Safety Executive, the National Assembly for Wales and the Scottish Assembly) were revoked and replaced by a new Civil Service-wide delegation/authorisation to reflect machinery of government changes. Ministers, certain bodies and office holders in charge of departments(1) were given delegated authority from 1 February 2004 under the Civil Service (Management Functions) Act 1992 to:

  (a) prescribe the qualifications (so far as they relate to age, knowledge, ability, professional attainment, aptitude, potential, health and coping with the demands of the job) for the appointment of home civil servants (with the exception of those in the Fast Stream Development Programme) in their respective departments or bodies; and

  (b) determine in relation to home civil servants in their respective departments or bodies the number and grading of posts (with the exception of those in the senior Civil Service) and the terms and conditions of employment in so far as they relate to:

  (i) classification of staff (with the exception of those in the senior Civil Service);

  (ii) remuneration (with the exception of those in the senior Civil Service);

  (iii) allowances;

  (iv) expenses;

  (v) holidays, hours of work and attendance;

  (vi) part-time and other working arrangements;

  (vii) performance and promotion;

  WS 26

  (viii) retirement age (with the exception of those in the senior Civil Service);

  (ix) redundancy;

  (x) re-deployment of staff within the Home Civil Service.

  In some cases, where the Minister for the Civil Service is statutorily required to give consent to terms and conditions of service for staff appointed by statutory bodies or office holders, it was achieved by waiving that requirement, subject to the condition attached to the delegation/authorisation.

  The delegation/authorisation was made subject to the condition that recipients comply with the provisions of the Civil Service Management Code as amended from time to time. Copies of the Civil Service Management Code are available electronically at www.civilservice.gov.uk/managementinformation/management/managementcode/index.asp.

  (1)The statutory bodies and office holders are:

  Chief Charity Commissioner

  Chief Land Registrar

  Commissioners of Customs and Excise

  Commissioners of Inland Revenue

  Crown Estate Commissioners

  Director of the Assets Recovery Agency

  Director of National Savings and Investments

  Director of Public Prosecutions

  Director of the Serious Fraud Office

  Director General of Telecommunications

  Director General of Water Services

  Food Standards Agency

  Gas and Electricity Markets Authority

  Government Actuary

  HM Chief Inspector of Schools in England

  International Rail Regulator

  Office of Fair Trading

  Parliamentary Commissioner for Administration and Health Service Commissioners

  Postal Services Commission

  Rail Regulator

  Renewable Energy Bill
  Lord Triesman
  Speaking in the House during the Second Reading debate of the Renewable Energy Bill on Friday 14 January 2005, I mistakenly said (Official Report, col. 488) that there had been an improvement of 80 per cent in the economic efficiency of wind energy generation "in the past two years".

  The economic efficiency gain was achieved in fact over 20 years. I apologise for this mistake and have taken the earliest opportunity to correct it.