Written Ministerial Statements
Thursday 29 October 2009
Treasury
Corporate Taxation
The Financial Secretary to the Treasury (Mr. Stephen Timms): As part of the update provided by Budget 2009 on the Government's tax simplification reviews, the Government committed to consult on further simplification of the associated company rules.
I am today publishing a consultation document to fulfil that commitment. The consultation seeks stakeholders' views on a proposal to reform the associated company rules as they apply to the small companies' rate of corporation tax. The proposed reform aims to benefit businesses by providing a more targeted test to establish those companies whose profits should be considered collectively in establishing the rate of corporation tax that applies to them. Further details can be found in the consultation document, copies of which have been deposited in the Libraries of both Houses and are available on HM Treasury's website.
Business, Innovation and Skills
Global Entrepreneurship Week
The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Ian Lucas): My noble Friend the Minister for Trade, Investment and Small Business, Lord Davies of Abersoch, has today made the following statement:
This year, GEW runs from 16-22 November. This is the UK's second GEW an initiative inspired by BIS and co-founded with the Kauffman Foundation in the USA. There will be more than 80 countries taking part in this years entertaining and stimulating week.
Highlighting the importance of entrepreneurship is crucial for the future aspirations of millions of young people and the economic future of the UK. Entrepreneurs innovate, create jobs, increase economic growth and therefore help ensure a nation's competitiveness. They spot opportunities, take risks, have ideas and make them happen.
GEW will help budding British entrepreneurs: by accessing international networks they will be able to brainstorm new ideas, enter new markets and find new resources. It will encourage the UK's young people to become entrepreneurs, through interactive events that engage those who would not otherwise have considered enterprise. And by connecting British youth with young people abroad, it should increase the level of cultural understanding in the UK.
Its not just about entrepreneurs and business start ups; the week will also encourage organisations across the globe to celebrate and recognise the wealth of talent that is evident in every business and to encourage their employees to start thinking about ideas that have a very clear and tangible business benefit.
Last year, GEW was an enormous success and generated community interest in entrepreneurship; 644,000 people attended the 6,363 events. The single largest activity was the Make Your Mark Challenge which involved 56,000 students from schools and colleges. Around the world there were at least 25,000 events across 77 countries.
This year there are 82 countries involved as GEW gains momentum globally. We hope to make the week a success and inspire people across the world.
Defence
Implementation of the Armed Forces Act 2006
The Parliamentary Under-Secretary of State for Defence (Mr. Kevan Jones): I am pleased to announce that implementation of the Armed Forces Act 2006 will be completed and the Act will come into force on 31 October. The legislation establishes for the first time a single system of service law across the armed forces. It preserves the important principle of a separate service justice system, reflecting the particular circumstances of the armed forces, and keeps the commanding officer at the heart of service discipline. It also promotes greater fairness, which in turn supports operational effectiveness.
The new single, harmonised and modernised system of service law will apply to the personnel of all three services at all times, wherever in the world they are serving. It will also apply to some civilians, but only overseas and in specified circumstances.
When the new legislation comes into force, a number of Acts of Parliament will be repealed, including the current Service Discipline Acts (the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957).
The Armed Forces Act 2006 was the largest and arguably the most significant piece of legislation the Ministry of Defence has ever put before Parliament. Its implementation has been a lengthy and complex process, but the new single system of service law that it has established will serve the armed forces well for many years to come.
Guidance on the new service justice system is provided in the "Manual of Service Law", which is now available on the Armed Forces Act 2006 website at the following link: http://www.mod.uk. I will also arrange for a copy to be placed in the Library of the House.
Health
Health and Criminal Justice Programme
The Minister of State, Department of Health (Phil Hope): On 30 April, my right hon. Friend the Minister of State, Ministry of Justice announced the Government's response to my right hon. and noble Friend Lord Bradley's review of people with mental health problems or learning disabilities in the criminal justice system. The Government accepted the direction of travel set out by Lord Bradley, and committed to developing a national delivery plan incorporating a full response to the report's recommendations.
The Government stated that they would report to Parliament on the progress achieved by the end of October 2009.
The Government are pleased to report that since the publication of Lord Bradley's review, a cross-departmental health and criminal justice national programme board, chaired by David Behan (Director General for Social Care, Local Government and Care Partnerships in the Department of Health), has been established to consider Lord Bradley's recommendations in detail and to develop a national delivery plan. 'Improving Health, Supporting Justice'-the delivery plan of the health and criminal justice programme board-will be published in November and we will make a further written ministerial statement about this on the day of publication.
The Government also accepted Lord Bradley's recommendation for a National Advisory Group to be established to help ensure wider involvement from interested organisations. I am pleased to announce today that Keith Pearson who is currently chair of NHS East of England, has been appointed as the chair of the National Advisory Group.
Health and Adult Social Care Providers (Registration)
The Minister of State, Department of Health (Mr. Mike O'Brien): Today I am publishing a consultation response, which is the latest stage in the development of the new system we are introducing for the regulation of health and adult social care.
The publication, "Response to consultation on the draft regulations for the framework for the registration of health and adult social care providers" sets out our response to our previous consultation on the draft regulations that will govern the new registration system(1). It describes how the wording of the draft regulations we have today laid before Parliament has changed since the consultation process. It also details changes in the policy for a further set of regulations, which we intend to lay later this autumn.
The draft regulations, to be made under the powers provided for in the Health and Social Care Act 2008, set out the detail of the new registration framework to be operated by the Care Quality Commission. This, subject to approval by Parliament, will be introduced for the NHS in April 2010 and for private and voluntary health care and adult social care from October 2010.
Earlier this year, Parliament approved regulations made under these powers to regulate NHS providers against a requirement about cleanliness and infection control. Since 1 April this year, NHS providers have been required to register with the Care Quality Commission and comply with the requirement on cleanliness and infection control.
These draft regulations laid today set out who needs to register with the Care Quality Commission (scope of registration) and what they need to do to register and remain registered (registration requirements).
The new approach will mean that patients and people using services will have the same level of assurance of the quality and safety of their care and treatment, whether it is being provided by the NHS, local government, private or third sectors
The registration requirements are designed to address the concerns of people using health and adult social care services, covering the topics on which they want assurance. They provide clarity about the essential levels of safety and quality all providers must deliver for people who use their services, without being prescriptive about how providers run their services.
The registration system will operate alongside a wider quality improvement framework that encourages not just good care, but excellent care. The Commission will have a role in contributing to ongoing quality improvement as part of the wider quality framework, particularly through its publication of comparable information in periodic reviews, and its power to conduct special reviews into areas of particular interest.
This publication will be of interest to anyone providing or working in health and adult social care, and to patients and people using services, who are interested in how the reforms are going to improve these services.
Today's publication has been placed in the Library and copies are available to hon. Members from the Vote Office.
Note:
(1)Response to consultation on the framework for the registration of health and adult social care providers and consultation on draft regulations.
Home Department
Returns to Zimbabwe
The Minister for Borders and Immigration (Mr. Phil Woolas): I am announcing today our intention to make changes over time to our returns policy to Zimbabwe, recognising the different categories of people currently living in the UK. This reflects developments in Zimbabwe following the formation of the inclusive Government led by Prime Minister Tsvangirai.
As Prime Minister Tsvangirai has set out, including during his visit to the UK in June, there have been some positive changes in the situation in Zimbabwe over the past six months. While a great deal remains to be done to institute the political and other reforms set out in the global political agreement, the indiscriminate violence which marred the elections of 2008 has abated. And the formation of the inclusive Government has led to improvements in the economy, schools and the availability of basic commodities. In response to this changed situation some Zimbabweans in the UK are considering returning home to help rebuild their country. I consider we should be doing more to help them.
On 1 February we announced enhancements to the assisted voluntary return (AVR) package for Zimbabweans. AVR packages are available for individuals of all nationalities who are within the asylum system. The standard package provides support to help them reintegrate into their home country, including £4,000 for vocational training, assistance in setting up a business and a flight home. Since February the package for Zimbabweans has been supplemented with an extra £2,000 of reintegration assistance. This includes an additional £500 cash on departure, an extra £1,000 "in kind" assistance for business set up, a £500 basic subsistence package and cholera prevention kits.
We are today changing the way we deliver our supplementary package for Zimbabweans such that the total value remains the same but, instead of providing the assistance "in kind", cash payments will now be phased in over a six-month period through the IOM office in Harare. Making cash available to those who go home will support economic reform in Zimbabwe - enabling people to return voluntarily and use their skills to support change and help rebuild Zimbabwe with capital behind them. The scheme will also be extended until 31 December and will be reviewed at that point.
Alongside these changes to our voluntary returns package we have also considered carefully our position on enforced returns to Zimbabwe. We have kept this issue under review since the Home Office first deferred enforced returns to Zimbabwe in September 2006 and the courts have found that not all Zimbabweans are in need of international protection. The UK Border Agency will therefore be starting work over the autumn on a process aimed at normalising our returns policy to Zimbabwe, moving towards resuming enforced returns progressively as and when the political situation develops.
The agency takes its obligations under the 1951 refugee convention seriously. We will continue to consider each case on its individual merits and where someone needs protection it will be granted. However, we have always expected those found not to be in need of protection to return home. We prefer these individuals to return voluntarily and the enhancements to the AVR scheme will support this, but where they choose not to do so we are bound to take steps, over time, to enforce the law.
Justice and Home Affairs (Post-Council Statement)
The Parliamentary Under-Secretary of State for the Home Department (Meg Hillier): The Justice and Home Affairs (JHA) Council was held in Luxembourg on 23 October 2009. My noble Friend the Parliamentary Under-Secretary of State for Justice, Lord Bach, the Scottish Minister for Community Safety, Fergus Ewing, and I attended on behalf of the United Kingdom. The following issues were discussed at the Council:
The Council began in Mixed Committee with non-EU Schengen states, receiving an update from the presidency on arrangements for the first milestone test for the second generation Schengen information system (SIS II). The UK stressed that the test should take place by the end of this year in line with the June Council conclusions. The UK also stated that it was important to distinguish between a delayed and a failed test and that it would not accept a decision on the future of SIS II unless a test had failed.
Next, the presidency presented an update on the current state of play on the implementation of the regulation establishing the Visa Information System (VIS), where technical problems would delay the launch. The UK does not participate in that regulation.
Following Mixed Committee, the presidency invited the Commission to provide a summary of the fifth annual visa reciprocity report. While the UK does not participate in the EU visa regime, we do maintain an interest in all visa issues, notably for full reciprocity with third country nationals. The Council then exchanged views on the Canadian decision to impose visas on Czech nationals. The UK believes the Commission should continue to engage with the Canadians to broker a solution.
The Council reached agreement on the draft framework decision on accreditation of forensic laboratory activities, which aims to increase mutual trust in DNA and fingerprint data exchanged between member states by requiring a minimum standard of accreditation. The presidency hoped that the framework decision would be formally adopted at the November JHA Council.
The Council then reached a general approach on the proposal for a Council decision to establish the European crime prevention network. This instrument will strengthen the network's ability to identify, exchange and disseminate crime prevention information and actions targeted at traditional or volume crime. Following receipt of the European Parliament's opinion on the proposal, the decision will come back to the Council on the 30 November for formal adoption.
Under any other business the Commission presented its review of visa facilitation in the western Balkans. The UK does not participate in the part of the Schengen acquis that covers visa liberalisation, and will not be lifting visit visa requirements for western Balkan states when the Schengen zone liberalises its own requirements. The UK remains a strong supporter of the EU enlargement process and the aspirations of west Balkan states for eventual EU membership.
Over lunch Home Affairs Ministers discussed proposals for the new European Asylum Office. There was a clear desire to move quickly. The UK has not yet decided which country to support to host this office.
In the afternoon, Justice Ministers adopted a Council resolution on a "roadmap" for strengthening procedural rights of suspected or accused persons in criminal proceedings. The UK supported this pragmatic approach and the focus on practical measures as well as legislation. Justice Ministers also reached a general approach on a draft framework decision and an accompanying draft resolution on the right to interpretation and translation in criminal proceedings. The UK congratulated the presidency on reaching agreement on this measure which will make a real difference to the lives of citizens.
The presidency updated Justice Ministers on the progress that has been made at official level on the proposed framework decision on transfer of proceedings in criminal matters. The UK stated that its support of this measure would depend on amendments being made to the proposal, particularly provisions relating to jurisdiction.
The presidency provided an update on negotiations and sought views with the aim of resolving outstanding issues on the framework decision on preventing and combating trafficking in human beings and protecting victims. The Commission stressed the importance of going further than the Council of Europe convention and welcomed the global approach to combating trafficking. It appealed, however, for higher levels of penalties, and for greater assistance for victims. The UK supported the presidency compromise and, despite the UK having very limited extraterritorial jurisdiction, said that it had taken the decision to extend jurisdiction to cover UK nationals who commit trafficking offences abroad given the seriousness of the offences involved. The presidency welcomed the broad support for the text and concluded that formal agreement would be reached in November.
Under any other business, the Commission presented its proposal on succession and wills, stating that its ambition was to make the lives of citizens easier. The presidency noted that there would be plenty of opportunity for discussion in the future.
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