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"the grant of a free pardon would appear to require a conclusion that, taking the Bulgarian courts' judgment for what it is and without calling in question its correctness on the material which those courts considered, fresh evidence which the Bulgarian court did not consider, taken with the material which they did consider and their judgment upon it, justifies a conclusion that Michael Shields is morally and technically innocent".
I accepted the judgment of the Court and sought straight away to ensure from Mr Shields' legal team that I had available all the evidence in this case. I appointed senior counsel to assist me and, with the agreement of the chief constable, Merseyside Police conducted further inquiries on my behalf.
On 2 July, after the most careful consideration of the evidence, I made a provisional decision to refuse Michael Shields' application for a free pardon. I did so because I was not satisfied that Mr Shields passed the test of "moral and technical innocence" that the Administrative Court expected me to apply. I made clear at the time that I would consider any further representations before I made a final decision. I also offered Mr Shields' parents the opportunity of a meeting so they could make representations to me in person.
Written representations I received over the course of the summer did not persuade me that my provisional decision of 2 July had been wrong. However, on 28 August I had a meeting with Mr Shields' parents. The meeting was also attended by their daughter, by Louise Ellman MP and by Councillor Joe Anderson of Liverpool City Council. At that meeting I was presented with significant new information that had not been presented to me before. Following further inquiries after the meeting, I determined the new information to be both truthful and credible. Once again Merseyside police assisted me. The new evidence profoundly changed my consideration of this matter and showed other, existing, evidence in a new light. What had not previously appeared credible now appeared to be so.
Taking all the evidence together I concluded that Michael Shields was in fact telling the truth when he said he was innocent of the attempted murder of Martin Georgiev. The test of moral and technical innocence had therefore been met so Mr Shields was granted the free pardon he sought and released from custody.
One issue that has emerged from this case is the appropriateness or otherwise of the Justice Secretary exercising a power that involves him in making findings of fact in cases where miscarriage of justice is alleged in
cases from abroad. I am clear that it is not a suitable function for the Executive. Indeed, any role for a Secretary of State in referring alleged miscarriages of justice occurring within the jurisdiction to the appeal courts was removed by the 1995 Criminal Appeal Act, which established the Criminal Cases Review Commission. I intend looking at options, though I have yet to form any view as to how future such applications should be handled. I shall, of course, consult and in doing so I will want to hear the views of the Criminal Cases Review Commission and others with an interest.
Leader of the House
Parliamentary Pensions
The Leader of the House of Commons (Ms Harriet Harman): On 25 June the House endorsed a package of changes to the Parliamentary pension scheme, backdated to 1 April 2009, consisting of:
(1) an increase in member contribution rates
(a) from 10 to 11.9 per cent. for a pension building up at an accrual rate of 1/40th of final salary for each year of service,
(b) from 6 to 7.9 per cent. for a pension building up at an accrual rate of 1/50th, and
(c) from 5.5 to 5.9 per cent. for a pension building up at an accrual rate of 1/60th.
(2) the application of the scheme's maximum pension limit of two thirds of final salary to all scheme members for future service.
The rise in member contribution rates will mean an increase in the net (after tax relief) monthly contribution made by most MPs of approximately £62. Because the increase will be backdated to 1 April, arrears will be payable when the changes are implemented by the Trustees.
This package is judged by the Government Actuary to produce savings of 2.9 per cent. of payroll. The House also called on me to bring forward further proposals which will make additional savings of 1.9 per cent. of payroll, so that the Exchequer contribution to the scheme for 2009-10 will be capped at its 2008-09 level. I plan to put proposals before the House in October. These could include a further increase in member contribution rates, an increase in pension age, changes to the benefits payable on death, or a combination of all these measures.
Transport
Correction to Written Answer
The Parliamentary Under-Secretary of State for Transport (Chris Mole): I regret to inform the House that some of the figures in the answer I gave to Parliamentary Question 285779 on 14 July 2009, Official Report, col. 210W, about the number and length (in miles) of those schemes on motorways in August 2009 for each Region in England were incorrect as different regional divisions within the Highways Agency had reported the figures based on different definitions. The Highways Agency has checked the figures and the corrected answer is as follows.
| Region | Total number of miles of motorway that will be subject to roadworks in August 2009 | Approximate estimate of roadworks schemes taking place on the motorway in August 2009 |
The stated numbers of miles subject to roadworks are based on a carriageway length of motorway. Motorways generally comprise two carriageways (one in each direction) so each stated distance is the length of motorway measured in a single direction only. The figures do not include works involving only the closure of the motorway hard shoulder.
The figures above include works involving a narrowing of the existing lanes to reduce the total width of carriageway open to live traffic, thereby allowing access to adjacent sections of carriageway. This type of restriction can allow works to be carried out while maintaining the existing number of traffic lanes open to traffic, thereby helping to minimise congestion caused by the roadworks. They also include closure of a lane completely to allow works access to the carriageway.
Work and Pensions
ICL Inquiry (HSE Progress Report)
The Secretary of State for Work and Pensions (Yvette Cooper): On 16 August I announced the publication of Lord Gill's report into the causes of the tragic factory explosion at ICL Plastics Ltd in Glasgow on 11 May 2004. At the same time I asked the Chair of the HSE and its board to consider the report's findings and to report back to me on progress by the end of September, addressing both Lord Gill's criticisms of its actions since the explosion and how the report's recommendations could be taken forward. I said that I would report back to Parliament on progress in the autumn.
The HSE has now responded to me. I have placed a copy of its response in the Libraries of both Houses and it is also available on the HSE website at http://www.hse.gov.uk/gas/lpg.htm .
In the response the HSE chair acknowledges that, while primary responsibility for the tragic accident rested with the site user, there were failings within HSE which need to be addressed. The chair also reiterates the apologies that both she and the chief executive of HSE made for these failings both during and after Lord Gill's inquiry, and explains the steps that have already been taken since the accident.
HSE has worked closely with members of UKLPG, the trade association of the liquefied petroleum gas industry, to develop plans for the replacement of buried metal pipework with polyethylene pipes, which do not carry the risk of corrosion. It has been agreed that the replacement programme will include domestic sites, which goes beyond Lord Gill's recommendations. The programme, which is scheduled to be completed by 2015, will be prioritised using an established risk model to ensure that sites identified as high risk are dealt with first. In parallel with this, HSE is also preparing an inspection campaign with local authorities focusing on sites identified as high risk, and is working with the industry to review and update user guidance materials and codes of practice for suppliers and installers.
The HSE also launched a two-stage consultation to address those recommendations of the Gill report where action is not already underway. The initial stage of the consultation seeks views from interested stakeholders in the LPG industry, the wider business community, and those with an interest in health and safety, and will run until 19 November. I hope hon. Members will take the opportunity to feed their views into this.
Following completion of this initial stage, the Government will in the new year publish the full response to Lord Gill's report. This will include firm proposals for action which will form the basis of the second stage of the consultation, supported by a formal impact assessment.
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