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9 Oct 2006 : Column 77W—continued
Contractual Obligations
Mr. Djanogly: To ask the Minister of State, Department for Constitutional Affairs whether the UK will opt out of implementing the European Commission’s final proposal for a regulation on the law applicable to contractual obligations. [92019]
Vera Baird: The European Commission’s proposal for a regulation on the law applicable to contractual obligations (Rome I) was published in December 2005. Under Article 1 of the Protocol in the EC Treaty dealing with the position of the United Kingdom and Ireland in relation to Title IV measures (which covers Rome I), the UK had until 9 May 2006 formally to opt in to the negotiations on this proposal. In view of the UK's serious concerns about some aspects of this proposal the UK decided not to do so. This means that the UK will not automatically be bound by Rome I when it is finally adopted by the Council. Whether at some later stage, the UK will opt in to the adopted instrument (as it may do with the agreement of the European Commission) will depend upon the final text of the regulation. The UK is currently participating in the negotiations with a view to obtaining the best possible outcome for the UK.
Mr. Djanogly: To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of the potential (a) financial and (b) economic impact on UK commercial businesses of the European Commission's final proposal for the implementation of a regulation on the law applicable to contractual obligations (Rome 1); and what steps the Government are taking in response to Rome 1. [92020]
Vera Baird: Following the publication of the European Commission’s proposal for a regulation on the law applicable to contractual obligations (Rome I) in December 2005 the Government consulted UK stakeholders with a view to informing the Government’s decision as to whether to opt in to the proposed regulation. The responses received indicated that opting in to the proposed regulation on the basis of the proposed text could have significant adverse economic consequences for the UK and the EU. On this basis the Government decided not to opt into the Rome I regulation.
Whether, ultimately, the UK will decide to opt in to the adopted instrument (as it may do with the agreement of the European Commission) will depend upon the final text of the regulation. Although unable to vote, the UK is currently participating fully in the negotiation of the text with a view to obtaining the best possible outcome for the UK.
The Government are working closely with stakeholders regarding the financial and economic impact of the proposal and will continue to do so as the negotiations progress.
Correspondence
Clive Efford: To ask the Minister of State, Department for Constitutional Affairs when the Lord Chancellor will respond to the letter from the hon. Member for Eltham of 31 May on Camberwell Youth Justice Court. [90149]
Ms Harman: The Secretary of State and Lord Chancellor wrote to the hon. Member on 27 July in response to his letter of 31 May. I apologise for the delay.
Court Rules
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs if she will place in the Library the responses to the consultation paper “Draft Court Rules: Mental Capacity Act 2005 Court of Protection Rules” [CP 10/06]; and if she will make a statement. [89685]
Ms Harman: On Monday 17 July 2006, the Government published the consultation paper, “Draft Court Rules: Mental Capacity Act 2005 Court of Protection Rules”. The consultation will end on 6 October 2006. The Government aim to publish their response to the consultation within three months of the end of the consultation in line with Cabinet Office guidelines. Copies of the response will at that time be placed in the House Libraries. In line with DCA policy, it is not our intention to publish individual responses.
Copies of the draft court rules consultation paper are available in English and Welsh.
Mr. Amess: To ask the Minister of State, Department for Constitutional Affairs how many copies of the consultation paper “Draft Court Rules: Mental Capacity Act 2005 Court of Protection Rules” were distributed by her Department; how much was spent on producing the consultation paper; to whom copies were sent; and if she will make a statement. [89692]
Ms Harman: In total 134 copies of the consultation paper, “Draft Court Rules: Mental Capacity Act 2005 Court of Protection Rules”, have been sent to stakeholders with an interest in the new court of protection rules including members of the legal profession. Some of these copies have been sent following requests received post-publication. We have publicised the consultation in our regular mental capacity newsletter and it can be downloaded from the DCA website. There are also internet links to the Department of Health and Public Guardianship Office websites.
The consultation paper has been produced and printed in-house so costs are not separately identifiable. The consultation period will run until 6 October 2006 and views are welcomed from anyone who would like to send in a response to the consultation.
Court Services
Mr. Letwin: To ask the Minister of State, Department for Constitutional Affairs what assessment she has made of the costs and benefits of combining the Dorset court service with the court services of Wiltshire and Gloucestershire; and if she will make a statement. [89952]
Ms Harman:
The reduction in HMCS areas from 42 to 25 has been subjected to an outline assessment and is expected to generate considerable cost savings and improvements in efficiency nationally. We do not have a
breakdown of the costs and benefits on an area basis at present however this information will be available by 31 March 2007.
Departmental Agency Staff
Mr. Weir: To ask the Minister of State, Department for Constitutional Affairs what average hourly rate her Department paid to employment agencies for agency staff in each year since 1999, broken down by agency. [89536]
Ms Harman: The Department has contracted with Kelly Services for the provision of agency staff since 2001. Prior to this date the Department did not have a national contract in place and therefore management information was not held centrally and could be provided only at disproportionate cost.
Information regarding the average rates of any other employment agencies used in the various parts of the Department is not held centrally, and could be provided only at disproportionate cost.
The Department uses agency staff to fill clerical staff vacancies that are urgently required, and where it has been difficult to recruit permanent staff through normal processes. The Department also uses agency staff to fill temporary positions.
The following table provides average hourly rates for the years mentioned:
| Kelly Services | |
| £ | |
Departmental Carbon Emissions
Mr. Weir: To ask the Minister of State, Department for Constitutional Affairs what estimate she has made of the total carbon emission from her Department's buildings in each year since 1997. [89534]
Ms Harman: My Department’s estimated carbon emissions from 1997 are tabled as follows. The reduction in total carbon emissions between 1999-2000 and 2000-001 represents a change in method of reporting.
| Emissions measured in tC | |
Departmental Child Care Facilities
Mr. Weir: To ask the Minister of State, Department for Constitutional Affairs what child care (a) provision and (b) assistance is available to her Department’s staff. [89537]
Bridget Prentice: My Department provides subsidised nursery places through the “Buffer Bear” network of nurseries, and three other regional nurseries. In addition to this, play schemes are provided during the school holidays at Westminster, Croydon, Liverpool, and Peterborough. My Department’s child care provision supports parents in making their own choices about where and what type of child care they want for their children. Currently, approximately 70 parents are assisted and in 2004-05 the total cost of the support provided was £85,000.
Flexible working arrangements are also provided which enable employees to achieve a positive balance between home and work responsibilities. The DCA was the first Government Department to establish a network for caring to support staff with caring responsibilities, and in recent years has won the opportunity now public sector award and the carers in employment employer of the year award in recognition of the extent to which it has embedded its flexible working policies and supports carers.
Mr. Weir: To ask the Minister of State, Department for Constitutional Affairs which of her Department’s premises have child care facilities on site. [89538]
Bridget Prentice: My Department provides subsidised nursery places through the “Buffer Bear” network of nurseries and three other regional nurseries. There is currently no onsite provision. My Department’s child care schemes support parents in making their own choices about where and what type of child care they want for their children. Currently approximately 70 parents are assisted and in 2004-05 the total cost of the support provided was £85,000.
Mr. Weir: To ask the Minister of State, Department for Constitutional Affairs whether there are waiting lists for places at child care facilities which her Department provides for its employees. [89539]
Bridget Prentice: My Department provides subsidised nursery places through the “Buffer Bear” network of nurseries and three other regional nurseries. We operate individual waiting lists for each nursery. Currently the total number of people on the waiting lists is one. My Department’s child care schemes support parents in making their own choices about where and what type of child care they want for their children. Currently approximately 70 parents are assisted, and in 2004-05 the total cost of the support provided was £85,000.
Departmental Publications
Mr. Weir: To ask the Minister of State, Department for Constitutional Affairs what the (a) circulation, (b) cost and (c) title is of each publication her Department has issued since 1 July 2005. [89535]
Ms Harman: Copies of the list of publications my Department has issued since 1 July 2005 have been placed in the Libraries of the House.
Departmental Staff
David Simpson: To ask the Minister of State, Department for Constitutional Affairs pursuant to the answer from the Parliamentary Under-Secretary of State for Scotland of 22 June 2006, Official Report, columns 2046-47W, on sickness absence, how many and what percentage of staff on loan to the Scotland Office from her Department have had more than two periods of sickness of less than five days in each of the last three years. [89186]
Ms Harman: The DCA is responsible for maintaining absence data in respect of its staff working at the Scotland Office. Only a small percentage of the staff working at the Scotland Office is employed by DCA, the majority being employees of the Scottish Executive. Of those staff that are employed by DCA, 20 per cent. have been absent due to sickness for fewer than five days on more than two occasions in each of the last three years. In order to protect the identity of those members of staff, given that the 20 per cent. figure is based on a very small group of employees, it is not possible to provide details of the number of staff to whom this 20 per cent. relates.
David Simpson: To ask the Minister of State, Department for Constitutional Affairs pursuant to the answer of 22 June 2006, Official Report, column 2074W, on departmental staff, how many staff in her Department were disciplined as a result of poor sickness records in each of the last three years. [89190]
Bridget Prentice: The number of sickness absence days is recorded by the Department. However the way in which individual absences are managed is not recorded centrally. Managers are expected to manage all instances of employee absence appropriately, whether through rehabilitative or disciplinary channels, but are not required to report on the numbers of staff that are subject to either process. To obtain this information from managers would incur disproportionate costs.
The Department remains committed to managing sickness absence effectively, and to ensuring that managers are equipped to carry out their responsibilities effectively in this arena.
Hywel Williams: To ask the Minister of State, Department for Constitutional Affairs what tax-efficient schemes for the purchase of bicycles her Department makes available to its employees; how many and what percentage of her Department's staff purchased bicycles through such schemes in 2005-06; whether the schemes are available through a range of suppliers; and whether arrangements are made to enable staff with disabilities to purchase adapted bicycles from a specialist supplier. [90069]
Ms Harman:
My Department does not participate in the cycle-to-work scheme nor do we currently offer any tax-efficient schemes for the purchase of bicycles. Therefore no staff have purchased bicycles through
such a scheme in 2005-06. However, we are currently undertaking a Department-wide review of pay and grading and it is possible that the cycle-to-work scheme will be considered as part of that review. The Department currently offers staff the facility of an interest-free loan to purchase a bicycle.
Disability Living Allowance
John Robertson: To ask the Minister of State, Department for Constitutional Affairs how many individuals were successful in their appeals for the payment of disability living allowance at medical appeal tribunals in (a) 2003, (b) 2004 and (c) 2005. [91502]
Vera Baird: The information you have asked for is contained in the following table:
| Table 1: Great Britain, number of successful appeals for disability living allowance, January 2003 to December 2005 | |
| January to December each year | Appeals cleared in favour of appellant |
| Notes: 1. All figures are subject to change as more up to date data become available. 2. Cases transferred onto the new appeals system G2 may not have been updated on GAPS. 3. Figures are rounded to the nearest 10. 4. These data are drawn from management information and should not be used in conjunction with simple statistics drawn from the benefit administration systems. Source: 100 per cent. download of the Generic Appeals Processing System (2 October 2006). | |
John Robertson: To ask the Minister of State, Department for Constitutional Affairs how many individuals diagnosed with chronic fatigue syndrome were successful in appealing against disqualification from disability living allowance in (a) 2003, (b) 2004 and (c) 2005. [91504]
Vera Baird: The information you have asked for is contained in the following table:
| Table 1: DLA new claims, with disabling condition recorded as Chronic Fatigue Syndrome, successful at the Appeal stage, 2003, 2004 and 2005 | |
| Caseload | |
| Notes: 1. Figures are from the 5 per cent. sample data and therefore subject to sampling variation. 2. Data are rated in line with WPLS figures then rounded to the nearest 100. These data are from sample statistics drawn from the benefit administration systems and should not be used in conjunction with the data from the Generic Appeals System (GAPS) data. Source: 100 per cent. WPLS data and 5 per cent. sample data. | |
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