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16 Jul 2003 : Column 435W—continued
Sustainable Development
Mr. Roger Williams: To ask the Secretary of State for Work and Pensions what remit relating to sustainable development is required by his Department's (a) executive agencies, (b) advisory non-departmental
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bodies, (c) executive non-departmental bodies, (d) tribunals, (e) public corporations and (f) other bodies. [116672]
Paul Holmes: To ask the Secretary of State for Work and Pensions if he will make a statement on what responsibilities relating to sustainable development are (a) required of and (b) undertaken by his Department's (i) executive agencies, (ii) advisory non-departmental bodies, (iii) executive non-departmental bodies, (iv) tribunals, (v) public corporations and (vi) other bodies. [119127]
Malcolm Wicks: All DWP Executive Agencies and other associated bodies are required to follow the Department's Sustainable Development Policy Statement (which is on the dwp website dwp.gov.uk/sus-dev/documents/policy.pdf). A Sustainable Development Steering Group, comprised of senior officials from across the Department and its Executive Agencies, has the responsibility for ensuring that the policy statement is observed and that a positive contribution is made towards the Departments Sustainable Development Improvement Programme. This includes all the targets from the Framework for Sustainable Development on the Government Estate.
Telecommunications Masts
Mr. Bercow: To ask the Secretary of State for Work and Pensions how many planning applications have been made to site mobile telecommunications masts on land owned by the Department. [124810]
Maria Eagle: Since August 2001, when the current planning regulations on mobile telecommunications masts came into force, there have been three planning applications to site masts on the DWP estate.
There are currently 10 Mobile Telecommunications Masts on the DWP Estate. These were in place before August 2001.
LEADER OF THE HOUSE
Legislative Programme
Mr. Allen: To ask the Leader of the House if he will publish the list of Departments who have bid for Bills in the new session. [124978]
Mr. Hain: No. Government do not release papers, information or correspondence relating to the proceedings of Cabinet Committees or pre-empt the content of the Queen's Speech.
CONSTITUTIONAL AFFAIRS
Unmarried Couples (Legal Rights)
Mr. Dhanda: To ask the Parliamentary Secretary, Department for Constitutional Affairs what plans he has to extend property, benefit and pension rights to the bereaved partner in an unmarried co-habiting relationship following the death of their partner. [125973]
Mr. Lammy: On 30 June, my right Hon. Friend, the Minister of State for Industry and the Regions and the Deputy Minister for Women and Equality, published
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'Civil Partnership—a framework for the legal recognition of same sex couples'. It sets out Government proposals for the establishment of civil partnership registration for same sex couples, while also making clear that it is not proposed to extend these arrangements to unmarried opposite sex couples.
The Civil Partnership consultation paper proposes to give same-sex civil partners the same rights as married couples in respect of the intestacy rules and of the Inheritance (Provision for Family and Dependants) Act 1975. The paper also sets out proposals relating to property and benefits rights. There are no proposals in relation to opposite-sex cohabiting couples, as they have the option of marriage available to them should they wish it.
Mr. Dhanda: To ask the Parliamentary Secretary, Department for Constitutional Affairs what recent representations he has received on extending legal rights to unmarried couples. [125952]
Mr. Lammy: The Law Commission published a discussion paper on the property rights of home sharers in July 2002, entitled 'Home Sharers'. In addition, the Law Society has published draft proposals for the introduction of increased legal rights of cohabiting couples, entitled "Cohabitation—the case for clear law" also in July 2002.
Mr. Dhanda: To ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what plans he has to extend legal rights to unmarried couples; [125970]
- (2) what action he is taking to give property and pension rights to couples who choose not to marry. [125972]
Mr. Lammy: On 30 June, my right hon. Friend, the Minister of State for Industry and the Regions and the Deputy Minister for Women and Equality, published 'Civil Partnership—a framework for the legal recognition of same sex couples'. It sets out Government proposals for the establishment of civil partnership registration for same sex couples, while also making clear that it is not proposed to extend this arrangement to unmarried opposite sex couples.
However, in recognition of the extent of misunderstanding about the status of 'common law marriage', I am exploring, together with other relevant colleagues, how best to undertake an information campaign so that unmarried couples can be more fully and accurately informed about their position.
Civil Injuries Compensation
Mr. Dhanda: To ask the Parliamentary Secretary, Department for Constitutional Affairs what plans he has to extend eligibility for civil injuries compensation to the bereaved partner in an unmarried co-habiting relationship following the death of their partner. [125969]
Mr. Lammy: Under the Fatal Accidents Act 1976, an opposite sex cohabitant of a person who has died as a result of another person's negligence is entitled to claim for financial loss as a dependant if he or she had lived with the deceased partner for at least two years prior to the death. The Government's consultation paper "Civil Partnership: A framework for the legal recognition of same sex couples" proposes that same sex couples who
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register a partnership should be eligible to claim for financial loss and bereavement damages in the same way that spouses can.
The Law Commission in its report "Claims for Wrongful Death" has recommended that other same sex and opposite sex cohabitants who can show dependency should also be entitled to claim. The Commission has also recommended that same sex and opposite sex cohabitants who have lived together for at least two years prior to the death should be entitled to an award of bereavement damages. The Government is currently considering these proposals.
Mr. Dhanda: To ask the Parliamentary Secretary, Department for Constitutional Affairs what action he is taking to extend eligibility for civil injuries compensation to the children of parents in an unmarried co-habiting relationship following the death of one of their parents. [125971]
Mr. Lammy: Under the Fatal Accidents Act 1976, any child of a deceased person where that person has died as a result of another person's negligence is entitled as a dependant to claim damages for any financial loss suffered. The Law Commission in its report "Claims for Wrongful Death" has recommended that children of the deceased should also be entitled to an award of bereavement damages. The Government is currently considering this proposal.
Entitlement Card
Dr. Evan Harris: To ask the Parliamentary Secretary, Department for Constitutional Affairs what discussions his Department has had with the Home Office about the (a) possible introduction of an entitlement card scheme, (b) the use to which such a card would be put on the matters for which he is responsible and (c) the costs and funding of the scheme; and if he will make a statement. [126220]
Mr. Lammy : Work on the possible introduction of entitlement cards has involved significant liaison between the Home Office and the Department for Constitutional Affairs and other relevant departments.
Joint Guarantors
Mr. Hunter: To ask the Chancellor of the Exchequer if he will amend the Data Protection Act 1998 to make provision for individuals to be able to make informed decisions about the financial soundness of potential joint guarantors. [124495]
Mr. Lammy: We have no plans to do so. The Data Protection Act 1998 regulates the processing of information relating to individuals through a general framework of good handling rules known as the data protection principles. The Act confers no rights of access to third party personal data. Disclosures of such data may be made consistently with the Act, provided that they comply with the data protection principles or meet the terms of a "non-disclosure" exemption.
Legal Aid
Mr. Watts: To ask the Parliamentary Secretary, Department for Constitutional Affairs what plans he has to conduct an investigation into abuse of the legal aid system. [125211]
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Mr. Lammy: The Secretary of State and I are most concerned about possible abuses of the legal aid system. However we are confident that the Legal Services Commission (LSC) has strong controls and measures in place to prevent and investigate fraud and abuse of the legal aid system.
The LSC has established procedures for handling cases where allegations of fraudulent behaviour by suppliers, and clients seeking funding are made and for taking appropriate action where fraud or abuse is uncovered.
The reforms underpinned by the Access to Justice Act 1999 have significantly strengthened the control of fraud and abuse by suppliers. All suppliers who wish to provide publicly funded legal services are required to work to a contract and to comply with the LSC's quality standards. The LSC reorganised its Investigations Section in 2002–03 to reflect the fact that fraud control is increasingly achieved via contract management audits, which are the responsibility of the regional offices. Firm action has and is being taken on a number of firms where abuses have been uncovered, including the termination of contracts. The LSC is also working jointly with The Law Society and the Office of the Immigration Services Commissioner to actively investigate recent evidence of abuse by way of giving out inducements to asylum seekers at ports of entry. LSC action includes carrying out special audits of firms and the investigation is still continuing.
The LSC is also committed to actively investigating where doubts arise about whether a funded client is financially eligible for funding. These investigations are conducted by the LSC's Special Investigations Unit, which also assists regional offices with the means assessment of applicants for funding whose financial positions are complex.
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