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12 Feb 2003 : Column 51WS

Written Ministerial Statements

Wednesday 12 February 2003

HEALTH

Haemophilia (Recombinant Clotting Factors)

The Parliamentary Under-Secretary of State for Health (Ms Hazel Blears): I am pleased to announce today that the Government have invested an extra £88 million over the next three years to provide recombinant clotting factors for haemophilia patients in England. Haemophilia patients up to age 21 are already receiving these products. The extra funding will extend the availability of recombinant clotting factors to adult patients.

Over the next few months the Government will work with key stakeholders, including the Haemophilia Society, clinicians and primary care trusts, to design a programme for rolling out access to recombinant products to older age groups. This roll out will take time to achieve because of the large volume of product involved. However, by March 2006 the vast majority of haemophilia patients should be receiving recombinant clotting factors.

We have taken a number of steps to make clotting factors used to treat people with haemophilia as safe as possible. We hope this extra £88 million will ultimately give all haemophilia patients access to synthetic treatments, where these are recommended by clinicians.

HOME OFFICE

Anti-Terrorism, Crime and Security Act 2001

The Secretary of State for the Home Department (Mr. David Blunkett): Lord Carlile of Berriew QC has completed the report on the operation of part IV of the Anti-Terrorism, Crime and Security Act 2001, which will be laid before the House today.

I am grateful to Lord Carlile for his detailed work and am pleased to note that he is satisfied that I have certified persons only in appropriate cases and that I have exercised my independent judgment in each case having given due regard to advice from officials.

The report follows the decision of the Court of Appeal in October last year, which unanimously upheld the need for these detention powers. The court held that the powers are not discriminatory and comply with the European convention on human rights.

I welcome Lord Carlile's recommendations, which I will be considering in detail over the next few weeks. In relation to the recommendation for the detainees to be held in a separate facility within the Prison Service, I have agreed to this in principle, subject to further detailed feasibility work.

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ENVIRONMENT, FOOD AND RURAL AFFAIRS

Public Rights of Way

The Minister for Rural Affairs and Urban Quality of Life (Alun Michael): I am pleased to announce the commencement of the provisions contained in schedule 6 of the Countryside and Rights of Way Act 2000, which will enable the diversion, or closure of a right of way where it is necessary to prevent crime, or to protect pupils or staff from violence or other risks to their health and safety.

These new powers come into effect today.

The school powers will be available immediately throughout England, but as prescribed by the legislation, local highway authorities will only be able to divert or close rights of way for the purposes of crime prevention within areas that are designated by the Secretary of State.

We recognise that most rights of way do not cause or facilitate crime, and we do not intend to use the provisions as a means of restricting routes, which are important to the majority of law-abiding people who use them. These new provisions are limited to rights of way where crime is a real problem; particularly back alleys, which can facilitate crimes such as robbery, burglary, arson and drug dealing.

Particular problems have been identified and raised by MPs and councillors in relation to some housing estates. Also, there are many locations where the pattern of use has changed, and the alleys have fallen into disuse and abuse.

Where the new powers are used, the diversion or closure of a right of way should significantly reduce the opportunity for offences and increase the security of local residents. The powers should be particularly helpful in areas which are the subject of comprehensive neighbourhood renewal initiatives, such as the New Deal for Communities programme, are in place and high levels of crime are undermining attempts to address wider problems within the neighbourhood.

Guidance will be issued to all local authorities in England tomorrow setting out how they can apply for designation and how we think the different interests can be balanced.

The guidance was prepared as a result of a wide ranging public consultation exercise last year including all local authorities and police authorities in England, the Local Government Association, the Association of Chief and Police Officers and a range of organisations with an interest in rights of way. The guidance was widely welcomed. Following the consultation, the main changes that we have made to the process are:




Local highway authorities will normally take the lead, working with crime and disorder reduction partnerships, police authorities, local residents and user

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groups to formulate a submission to the Secretary of State seeking the inclusion or an area, or areas, in a designation order. In county areas, the district authority or the local crime and disorder reduction partnership may be able to make a submission if the county is unwilling to do so.

There will be a phased approach to designating areas. The first designation order(s) will be prepared on the basis of submissions received 12 weeks after the guidance is sent out. Submissions received by this date will be considered with a view to identifying the areas where the need for these new powers is an immediate priority.

The Secretary of State proposes to review the first designation order not less than 3 years from the order being made. This review will provide an opportunity for us to assess the operation of the provisions, taking stock of any lessons learned. It will also ensure that proper account is taken of changing crime patterns. It is envisaged that the review of the designation order may result in amendment to, or revocation of, that order. This period will, in the majority of cases, provide reasonable opportunity for highway authorities to make the special extinguishment and diversion orders they consider necessary. If there is a need for any given area to continue to be included in the designation order after the 3-year period, it is anticipated the relevant highway authority will need to make a further submission to the Secretary of State.

Areas for which submissions have been made, but are not included in the first designation order, will be considered for inclusion in a follow up order, in conjunction with any submissions received after the 12-week period. The date of the follow up order will be determined by an assessment of the nature and level of responses received. The follow up order will be

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subject to a similar review process. Applications received after this will be considered as and when they are received.

There are still a number of procedural matters to be set out by statutory instrument to provide clarity in the administration of the crime prevention and school security provisions, mainly setting out the process which local highway authorities should follow in making a diversion or closure orders using the new provisions. This statutory instrument will be laid before Parliament shortly.

We are also commencing the new section 29 of the Highways Act 1980 at the same time as these Schedule 6 provisions. Councils are already required to have due regard to the needs of agriculture and forestry in the exercise of certain functions relating to the creation, stopping up and diversion of rights of way. New section 29 extends the definition of "agriculture" to include the breeding or keeping of horses and introduces an additional duty to have regard to the desirability of nature conservation.

The more detailed regulatory requirements of the rest of Schedule 6 of the Countryside and Rights of Way Act 2000, including the school proprietors (or governing bodies') right to apply for orders, will be the subject of consultation at a later date.

Copies of the following documents will be placed in the Library of the House; they will also be available online at: http://www.defra.gov.uk/wildlife-countryside/cl/publicrow.htm