---

HEALTH

Isaacs Report (Government Response)

The Minister of State, Department of Health (Ms Rosie Winterton): We are publishing today our response to the Isaacs Report, which followed an investigation by Her Majesty's Inspector of Anatomy, Dr Jeremy Metters CB. We advised the House about the publication of the Isaacs Report in a written Ministerial statement on 12 May.

The Inspector's report addressed the case of the late Mr Cyril Mark Isaacs and the retention of his brain for research purposes following a Coroner's post mortem in 1987 without the knowledge or consent of his widow, Mrs Elaine Isaacs. Mr Isaacs's case proved to be part of an arrangement whereby the' coroner's office in north Manchester would identify brains suitable for a research programme at Manchester university. The Inspector also found evidence that brains were used following post mortems on adults in other locations.

The report made 34 specific recommendations that bear on the responsibilities of the Department, the Home Office and the Department for Education and Skills. We have considered these carefully and we are today publishing our joint response and copies have been placed in the Library.

I pay tribute once again to Mrs Elaine Isaacs for bringing her husband's case to public attention and to Dr Metters for his thorough investigation and report. We are very grateful to the Retained Organs Commission and to National Health Service trusts for the arrangements they put in place to deal with inquiries from the public arising from the publication of the report. I understand that the Commission's helpline has

15 Jul 2003 : Column 26WS

taken over 860 calls and, of these, some 580 were specific inquiries about organ retention from a deceased person which are being passed to the relevant NHS trusts for investigation.

While there is still work to be done, the programme of action on the removal, retention and use of human organs and tissue that we have put in hand since we accepted recommendations by the Chief Medical Officer in 2001 has already achieved significant improvements. Following extensive consultation, we published on 25 April a comprehensive, interim framework of guidance and other materials to reflect transparent new systems founded on consent. The interim framework comprises: a statement on the use of human tissue and organs under the current law, a code of practice 'Families and Post-mortems', post-mortem consent forms and leaflets, a code of practice on import/export of human body parts and a summary report on the responses to the consultation document "Human Bodies Human Choices". Steps have also been taken to modernise the practice of pathology and to improve the management of joint NHS and academic posts. In addition, the inquiry findings will be taken into account in the development of relevant policy initiatives bearing on death investigation and coronial services which are currently being taken forward by the Home Office.

We also intend to bring forward legislation establishing a comprehensive new framework for the removal retention and use of organs and tissue from both adults and children as soon as parliamentary time allows.

Medicines Control Agency

The Parliamentary Under-Secretary of State for Health (Dr. Stephen Ladyman): We have received the annual report and accounts of the Medicines Control Agency for 2002–03 which has been laid before Parliament today in accordance with the requirements of sections 5(2) and 5(3) of the Exchequer and Audit Departments Act 1921. Copies have also been placed in the Library.

Medicines Commission

The Parliamentary Under-Secretary of State for Health (Dr. Stephen Ladyman): We have received the annual report of the Medicines Commission for 2002, which has been laid before Parliament today in accordance with the requirements of section 5(2) of the Medicines Act 1968.

Bound volumes have been placed in the Library containing the 2002 reports of the medicines commission, the Committee on Safety of Medicines, the advisory board on the registration of homoeopathic products, the British Pharmacopoeia Commission, the independent review panel on advertising, the independent panel for borderline products and the Veterinary Products Committee.

We are glad to acknowledge the valuable work done by the distinguished members of the Medicines Act advisory bodies and thank them for the time and effort dedicated in the public interest to this important work.

15 Jul 2003 : Column 27WS

FOREIGN AND COMMONWEALTH AFFAIRS

United States Alien Tort Statute

The Minister for Trade and Investment (Mr. Mike O'Brien): The British Government oppose all unwarranted assertions of extra-territorial jurisdiction in commercial cases. Such assertions infringe on the sovereign right of states to regulate activities within their own territory, interfere with the freedom of states to conduct their own economic policies, place an unwarranted burden on businesses, and can create a climate of uncertainty which may affect the trading and investment conditions of British companies.

A number of cases have been brought under the United States Alien Tort Statute against British companies and others in relation to their activities in third countries. Of particular concern are cases brought in the US against British companies in relation to their activities in South Africa during the Apartheid era, alleging that their presence in South Africa at the time made them complicit in human rights abuses.

The British Government have expressed to the US Government their concerns over the extra-territorial use of the Alien Tort Statute in these commercial cases. The US Government have filed an amicus brief in a related case brought under the Statute, seeking to address this issue among others.

The British Government remain committed to combating impunity for human rights violations wherever they occur. We believe that the most effective means of achieving this goal is the strengthening and developing of credible national justice mechanisms that conform to international human rights standards. We believe that, in the first instance, legal remedies in the country where the act allegedly took place should be exhausted. In the Apartheid cases this does not appear to have happened. Moreover, South Africa is engaged in an ongoing post-Apartheid reconciliation process, the complexities of which should not be under-estimated. We believe that the South African Government are best placed and best capable of dealing with the issue of reparations for crimes under Apartheid.

TRANSPORT

Transport for London

The Parliamentary Under-Secretary of State for Transport (Mr. Tony McNulty): I have today placed a list in the Libraries of both Houses, which details all the major land assets that Transport for London inherited from London Regional Transport today.

CULTURE, MEDIA AND SPORT

Draft Gambling Bill

The Secretary of State for Culture, Media and Sport (Tessa Jowell): I have today published for consultation a set of draft clauses that we intend to be part of a wider Gambling Bill.

15 Jul 2003 : Column 28WS

The Bill will make major changes to the way in which gambling is regulated and controlled in Great Britain. It will build on the work undertaken by Sir Alan Budd and the Gambling Review Body that he led.

It is based on the three key principles.

First, the principle that the system of gambling law and regulation must keep the gambling industry free of crime. Our industry has a high international reputation for integrity, which must not be put at risk.

Second, the law must ensure that gambling is conducted fairly, so that players know what to expect.

Third, there must be effective protection for children and the vulnerable.

The controls we have on gambling today date from the 1960s and 1970s. They have served us well, but have failed to keep up with society's attitudes to gambling and developments in technology and the leisure industries. They need to be modernised.

But modernisation must not be allowed to generate an upsurge in problem gambling. I am determined that we will maintain the highest standards of social responsibility.

Sir Alan recommended the establishment of a new national regulator for all forms of gambling. It was proposed that this regulator, the Gambling Commission, should license gambling operators and key individuals involved in the provision of gambling, and that local authorities should license gambling premises.

In A Safe Bet for Success (published in March 2002, Cmnd 5397) we accepted the vast majority of the Gambling Review's recommendations. We have been working closely with the interested industries, representatives of groups encouraging responsible gambling, local authorities, consumer groups, other Government Departments and the devolved administrations to prepare draft legislation that would give effect to this new system of regulation, which will be centred on the creation of a new national regulator—the Gambling Commission.

The proposals published today allow for the establishment of a Gambling Commission, transforming the Gaming Board for Great Britain into a new body with wider functions, greater flexibility to act and stronger enforcement powers.

The clauses describe the three purposes of gambling regulation, which will guide the work of the Commission.

They outline the ways in which the Commission will be able to use codes of practice to ensure best practice across each sector of the gambling industry. Codes of practice issued by the Commission will be an important feature of the new legislation, giving the regulator more flexibility to respond to changing circumstances that may raise issues of consumer protection or threats to vulnerable people.

The draft Bill goes on to describe the principal function of the Gambling Commission—the licensing of gambling operations and key personnel. The Commission will have flexibility to impose licence

15 Jul 2003 : Column 29WS

conditions on categories of licences and, where necessary, on specific operators. It will also have powers to review licences where it believes conditions have been breached or where there is some other threat to the three objectives of regulation.

Local authorities are to be responsible for the licensing of gambling premises. Details of these proposals will be published later this year.

The Government remain committed also to the sale of the Totalisator Board and the abolition of the Horserace Betting Levy Board. We will bring forward legislation to achieve these objectives as soon as parliamentary time becomes available. Should parliamentary time become available prior to the introduction of a Gambling Bill, we will leave open the option of pursuing our horseracing proposals in a smaller, separate measure.

I understand that a Joint Committee of both Houses is to be convened to examine the Government's draft proposals. The draft Gambling Bill is precisely the sort of legislation, cutting across party lines but with some potential for controversy, that will benefit from pre-legislative scrutiny by both Houses. Such scrutiny will improve the legislation and build parliamentary understanding and public confidence, enabling us to strike the right balance between deregulation and the protection of young and vulnerable people.

The text of the publication can be found at www.culture.gov.uk

I will publish the draft Bill in full later this year.

---