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ENVIRONMENT, FOOD AND RURAL AFFAIRS

Protection of Animals (Amendment) Act 2000

The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mr. Ben Bradshaw): The Royal Society for the Prevention of Cruelty to Animals has signed a written agreement with the Secretary of State for Environment, Food and Rural Affairs, to allow them to perform the functions of an approved prosecutor under Section 1 (3) (e) of the Protection of Animals (Amendment) Act 2000. This Act supplements the Protection of Animals Act 1911, by allowing a magistrates court to make an order relating to the temporary care or for the disposal, sale or slaughter of animals kept for commercial purposes that are the subject of a prosecution brought under the 1911 Act by a prosecutor. The agreement with the RSPCA will take effect from 1 September 2004 and will apply to England only. Copies of the model agreement have been deposited in the Libraries. The model agreement and associated guidance notes can also be found on Defra's website at: www.defra.gov.uk/animalh/welfare/farmed/on-farm/.htm.

Future of Nirex

The Secretary of State for Environment, Food and Rural Affairs (Margaret Beckett): In my statement of 16 July 2003, I announced that Government was looking at the best way of making Nirex "independent of industry and under greater Government control". I would now like to make a further statement, concerning the means of moving forward with this, that I have agreed with my Right Hon. Friend the Secretary of State for Trade and Industry.

The Government, through DEFRA and DTI, intend to establish a new company limited by guarantee (CLG) to hold the shares in Nirex, and oversee its business operations. The transfer of Nirex shares to the new CLG will be covered by an appropriate commercial transaction with existing Nirex shareholders. The CLG will, effectively, provide a means of placing Nirex assets and intellectual property into trust, whilst enabling it to continue with its important work that includes setting standards for the conditioning and packaging of radioactive waste, until the Government can take their decision on policy for the long-term management of the UK's higher activity radioactive waste, and the means
 
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of its delivery, in light of recommendations from the independent Committee on Radioactive Waste Management (CoRWM). The funding will be by contract, primarily through the NDA. Nirex will be separate from, and independent of, the NDA.

The new arrangements will achieve both the objectives stated in my previous announcement, to make Nirex independent of industry and bring the company under greater Government control. The aim is to agree the detail of them by about October/November of this year for them to come fully into operation from 1 April 2005.

Successful implementation is subject to a significant amount of more detailed work currently being undertaken by DEFRA and the DTI in conjunction with Nirex and its present shareholders, including an ongoing programme of due diligence work. All parties are committed to achieving a successful outcome to this process.

Home Energy Conservation Act Data

The Minister for the Environment and Agri-environment (Mr. Elliot Morley): Data reported by energy conservation authorities in England under the Home Energy Conservation Act 1995 in the period 1 April 1996 to 31 March 2003 have been placed in the Libraries of both Houses. These data have also been published on the Department for Food and Rural Affairs' website, at address http://www.defra.gov.uk/environment/energy/heca95/index.htm.

Authorities have reported an overall improvement in domestic energy efficiency of approximately 12 per cent. as measured against a 1996 baseline.

NORTHERN IRELAND

Gender Equality Strategy Consultation

The Secretary of State for Northern Ireland (Mr. Paul Murphy): I wish to advise the House that on 14 August 2004, I will announce a public consultation exercise in respect of a proposed gender equality strategy, the Government's high level policy for tackling gender inequalities in Northern Ireland.

This consultation follows our fulfilment of a commitment given by the previous Northern Ireland executive, in its programme for Government (2001–04) to bringing forward and implementing a cross-departmental strategy to tackle gender inequalities.

Copies of the Consultation Paper "Gender Matters—Towards a Cross Departmental Strategic Framework to Promote Gender Equality For Women And Men 2005–15" have been placed in the Libraries of both Houses.

Insolvency Service Annual Report and Account (Year Ending 31 March 2003)

The Parliamentary Under-Secretary of State for Northern Ireland (Mr. Barry Gardiner): In accordance with Articles 372 and 358(4) of the Insolvency (Northern Ireland) Order 1989 copies of the Insolvency Service Annual Report and Account for year ending 31 March 2003 have been placed in both Libraries of the House today.
 
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Invest Northern Ireland (Annual Report and Accounts 2002–03)

The Parliamentary Under-Secretary of State for Northern Ireland (Mr. Barry Gardiner): The annual report and accounts of Invest Northern Ireland for the financial year ending 31 March 2003 were deposited in the Libraries of both Houses.

Youth Council

The Secretary of State for Northern Ireland (Mr. Paul Murphy): The 2001–02 accounts of the Youth Council for Northern Ireland were deposited in the Libraries of both Houses on 21 July 2004.

Ordnance Survey (Corporate Plan 2004–07 and Business Plan 2004–05)

The Parliamentary Under-Secretary of State for Northern Ireland (Angela Smith): I have today arranged for the Ordnance Survey of Northern Ireland corporate plan 2004–07 and business plan 2004–05 document to be placed in the Libraries of both Houses. This document will also be made available on the Ordnance Survey of Northern Ireland website at: www.osni.gov.uk.

North/South Implementation Bodies— Tourism Ireland Ltd

The Secretary of State for Northern Ireland (Mr. Paul Murphy): I have today placed in the Library papers relating to decisions that have been taken during the period 1 October 2003 to 5 July 2004 which relate to the North/South Implementation Bodies and Tourism Ireland Ltd under the terms of the exchange of notes of 19 November 2002 (Cmnd 5708).

HOME DEPARTMENT

Visually Recorded Pre-trial Cross-examination

The Parliamentary Under-Secretary of State for the Home Department (Paul Goggins): The Youth Justice and Criminal Evidence Act 1999 (the 1999 Act) contained, among other provisions, eight special measures for vulnerable or intimidated witnesses. They are essentially different ways of giving evidence in criminal trials that were designed either to improve the quality of evidence given by witnesses through reducing their levels of stress or to make it possible for witnesses who find difficulty in giving their evidence to have access to justice.

This Government have already implemented, or is piloting, seven of the eight measures. The eighth measure—visually recorded pre-trial cross-examination—was always going to be the most complicated of the measures to implement. It was also always likely to be applied to the smallest number of cases.

A number of stakeholders have expressed their concerns to us about the detail of its implementation. We therefore commissioned Professor Diane Birch, a leading academic in the field, to review and provide advice on the workability of visually recorded pre-trial cross-examination. A copy of Professor Birch's report has been laid in the Library today.
 
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The report concludes that one of the two main reasons for undertaking visually recorded pre-trial cross-examination—that of capturing all the witness's evidence early in the pre-trial process—is no longer valid. That is because of new rules on disclosure that effectively mean that by the time both counsel are in a position to undertake visually recorded pre-trial cross-examination, they will be ready to go ahead with the trial itself.

The second reason—keeping the witness out of court altogether—is still valid. However, the report concludes that rather than introduce the cumbersome mechanism of visually recorded pre-trial cross-examination many months after having visually recorded evidence-in-chief, it would be far more sensible to return to the original recommendation in the report of the advisory group on video evidence (1989) chaired by his Honour Judge Thomas Pigot QC. This was that the child should appear at an informal hearing, at which both the child's evidence-in-chief (supplemented, where there was one, by an earlier video recorded interview) and the cross-examination would be recorded on video for subsequent transmission to the court.

The report recommends that section 28 of the 1999 Act that provides for visually recorded pre-trial cross-examination should be revisited. It recommends also that the operation of section 21 of the same Act should be reviewed. Section 21 provides that under-17 year olds who are witnesses in cases of sex or violence are given no choice in having certain special measures—such as visually recorded evidence-in-chief or live TV links—applied to them, whether they wish for them or not. So a 16½ year old who has witnessed any sort of violent crime, even where he was not himself involved, would be forced to give evidence in this way.

The Government are disappointed not to be implementing one of the eight special measures for vulnerable or intimidated witnesses that we provided for in good faith five years ago. But we believe it is better to take the advice of one of the leading experts in the field and many senior practitioners, and revisit this complex issue. Our aim is to achieve genuine improvements to the way in which vulnerable and intimidated witnesses give their evidence, and this will not be achieved by ploughing on doggedly with implementation of provisions which informed advice suggests will not be practicable or yield the benefits originally envisaged.

We have therefore decided that in the autumn we shall embark upon a wider review of how child evidence is taken and presented in the criminal courts, particularly in cases involving sex or violence, with the aim of delivering the greater flexibility recommended in Professor Birch's report. This will assist in our aim of enabling measures to be more tailored to the individual witness's needs.

We are also ensuring that everything that can be done to improve the experience of those witnesses who might have benefited from the implementation of section 28 is being done. The "No Witness No Justice" project will ensure that children's needs are assessed and met, so that, for example, pre-trial court visits are arranged; access to a range of emotional support and guidance through appropriate groups is offered; where possible
 
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home visits take place; and parents are provided with a single point of contact to access information and advice throughout the case. We will continue to improve court buildings so that encounters between the defendant and the child witness are minimised, for example through providing more TV live links. We will also continue to work with the judiciary and the bar to ensure that children's needs and wishes are recognised by the courts.

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