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Written Ministerial Statements

Wednesday 8 September 2004

DEPUTY PRIME MINISTER

Biodiversity and Geological Conservation

The Minister for Housing and Planning (Keith Hill): I am announcing today the publication of a consultation draft of a new planning policy statement on biodiversity and geological conservation and a draft circular (published jointly with the Department for Environment, Food and Rural Affairs) to accompany it. The draft of planning policy statement 9 (PPS9) sets out the Government's national planning policies for biodiversity and geological conservation. The accompanying draft circular provides administrative guidance on the application of the law relating to planning and nature conservation as it applies in England.

It is intended that PPS9, together with the circular and future good practice guidance will, in due course replace planning policy guidance note 9 on nature conservation published in 1994. The draft PPS9, and its supporting documents meet the commitment set out in the planning Green Paper for shorter, more focused and policy rich statements of planning policy with separate advice on non-policy matters.

The draft PPS takes account of legislative changes since 1994 that affect biodiversity and geological conservation, and reflects the commitments in the "Biodiversity Strategy for England", published in 2002. It has a clearer focus on the need to conserve, enhance and restore biological diversity.

Consultation on the draft of PPS9 and the accompanying draft circular will run until 9 December 2004. Copies of the draft consultation papers have been made available in the Libraries of the House.

Standards Board for England

The Parliamentary Under-Secretary of State, Office of the Deputy Prime Minister (Phil Hope): The Standards Board for England's annual report and accounts for 2003–04 have been placed in the Library of the House together with an annual review of the board's activities during the year.

The report and accounts cover the second year of significant operations by the standards board for England. During the year ended 31 March 2004, 3566 allegations of misconduct had been referred to the Standards Board, an increase of about 20 per cent. compared with the previous year.

The annual report highlights that the board is continuing to work in partnership with local government to promote and sustain the high standards of conduct, which are essential to public confidence in our local democracy.
 
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HEALTH

Mental Health Bill

The Minister of State, Department of Health (Ms Rosie Winterton): The Government have today published a Mental Health Bill. This Bill will be subject to pre-legislative scrutiny. A joint scrutiny committee has been established and has been asked to present its report by the end of March 2005.

Mental health legislation sets out the circumstances in which a person can be treated for mental disorder without their consent and the safeguards they are entitled to. The vast majority of people with mental health problems do not need to be treated against their wishes but occasionally this is necessary, normally to protect themselves, but more occasionally to protect others.

It has long been recognised that the current mental health legislation, the Mental Health Act 1983, needs to be updated, in line with the development of services and of human rights law to give a greater focus on patients' needs and wishes. In 1998, the Government set up an expert committee to advise on how mental health legislation should be shaped to reflect contemporary patterns of care and treatment and to support government policy. In 2002, following a Green and a White Paper, a draft Bill was published for consultation.

Since then, the comments received on the 2002 draft have been considered in full and, following further work and meetings with stakeholders, a revised Bill has been produced. We have made changes to address the concerns expressed by stakeholders. The Bill brings the framework for the compulsory treatment of people with serious mental health disorders up to date.

This Bill needs to be considered in the context of the wider Government strategy to improve mental health services. In 1998, the National Service Framework for mental health set out national standards for the care and treatment of adults with mental disorder. The NHS Plan announced, in 2000, substantial additional investment for mental health services. As a result of the National Service Framework and the additional investment, significant improvements have been made in mental health services. This is particularly the case in relation to community-based services, such as crisis resolution and assertive outreach teams. It is important that mental health legislation is now modernised.

The Bill will provide important benefits. The Bill means that the small minority of people with mental health problems who need to be treated against their wishes, normally for their protection but occasionally to protect the public, will get the right treatment at the right time. This meets the needs of the individual patient and makes sure that the public is protected.

The Bill ensures there is no compulsion without the provision of appropriate treatment. Safeguards for patients will be greatly strengthened with a choice of representative, access to advocacy and all use of compulsory treatment beyond 28 days having to be authorised by the new independent mental health tribunal or the courts. Under the Bill, patients who are ill and vulnerable will be able to get the treatment they need in the community, including non-dangerous mentally disordered offenders who may otherwise receive a prison sentence.
 
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Legislation about compulsory treatment inevitably raises many difficult issues. There has already been much discussion about this proposed new legislation. Pre-legislative scrutiny will now allow further considered debate. We look forward to receiving the report of the scrutiny committee.

Copies of the Bill and of the explanatory notes have been placed in the Library.

HOME DEPARTMENT

Asylum Seekers

The Minister for Citizenship and Immigration (Mr. Desmond Browne): The Government are firmly committed to ensuring that the country information material they produce to inform asylum decisions meets the highest standards.

Accurate, objective and up to date country information is fundamental to a fair and effective asylum system. The independent advisory panel on country information (APCI) was set up to provide rigorous external scrutiny of country information material produced by the Home Office and make recommendations to help ensure that it is of the highest quality. The APCI has already shown itself to be working in a robust and forthright manner.

While we are satisfied that the country information material produced by the Home Office is already of a good standard, we recognise that improvements can be made. We have responded swiftly and positively to issues raised by the APCI and announced earlier this year the introduction of a range of improvements in the way the material is produced and quality assured. The measures introduced were welcomed by the APCI and have resulted in a clear improvement in the quality and presentation of country information material.

The panel rightly considers it essential that the Home Office's country information material should not only be objective in fact, but that it should also be perceived as being objective and have the confidence of all its users. The APCI was concerned that the country information would not be perceived as impartial while it was being produced by country information and policy unit (CIPU) which also has the function of advising on the development of country specific asylum policies. The APCI made a recommendation that the Home Office bring forward proposals to address this issue.

We have given very careful consideration to the APCI's recommendation and I am announcing today that the current country information and country policy functions of the CIPU will be separated. In future, the production of country information material used by the Home Office will be undertaken by a country information unit dedicated solely to that function. The existing CIPU country policy function will be undertaken separately within the Immigration and Nationality Directorate. These changes, which directly reflect the APCI's thinking, will be put in place as soon as the necessary arrangements can be made.

I am also announcing today that in future country reports will be produced and published at six-monthly intervals on the top 20 asylum generating countries (and other countries for which an operational need is identified) instead of the current top 35 countries. The
 
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reduction in the number of country reports produced is consistent with the significant reduction in asylum intake. This step will enable the resources freed to be used to help assure the standard of the country information material produced, whilst ensuring that country reports are still produced on the main asylum generating countries. Country information material will continue to be produced on those countries which fall outside the top 20 in the way that is now done for countries which fall outside the top 35.

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