1. Memorandum from the Foreign and Commonwealth
Office
LETTER FROM BILL RAMMELL MP, PARLIAMENTARY
UNDER SECRETARY OF STATE, FOREIGN AND COMMONWEALTH OFFICE
I attach a copy of our written evidence for
the Joint Committee on Human Rights inquiry into the Government's
response to the Concluding Observations of the UN Committee on
Economic, Social and Cultural Rights.
The United Kingdom takes very seriously its
reporting obligations under all the international human rights
instruments, including the International Covenant on Economic,
Social and Cultural Rights. I welcome this opportunity for further
scrutiny of the UK's implementation of the Covenant. The United
Kingdom attaches great importance to economic, social and cultural
rights, as I emphasised in my speech on 19 March to the Commission
on Human Rights in Geneva.
In the time available to respond to your request
for written evidence, we have not been able to obtain full information
on all points from all our Overseas Territories and Crown Dependencies.
This is largely because of their limited resources. However, if
you deem that such comprehensive information would help your inquiry,
we will of course seek to provide further relevant material as
you see fit.
20 May 2003
GOVERNMENT'S WRITTEN EVIDENCE TO THE INQUIRY
BY THE JOINT COMMITTEE ON HUMAN RIGHTS INTO THE GOVERNMENT'S RESPONSE
TO THE CONCLUDING OBSERVATIONS OF THE UN COMMITTEE ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS[1]
INTRODUCTION
1. The United Kingdom Government takes very
seriously its obligations under international human rights law
and values the views and recommendations of all the treaty monitoring
bodies in their consideration of the UK's reports to those bodies.
The Government therefore welcomes this inquiry by the Joint Committee
into the Government's response to the Concluding Observations
of the UN Committee on Economic, Social and Cultural Rights (CESCR).
In particular, it gives the Government a further opportunity to
highlight progress it is making on economic and social rights
and to address issues raised in the Concluding Observations. In
its response to the inquiry by the Joint Committee, the Government
wishes to make the following comments:
(i) the response is not an exhaustive reply
to all issues raised in the Concluding Observations but has been
produced in response to the specific questions and areas indicated
by the Joint Committee to be covered in its inquiry;
(ii) the response has been compiled largely
from material provided by a range of Government Departments and,
where relevant, the devolved administrations;
(iii) where material has been received from
the Crown Dependencies and Overseas Territories, this has been
included in the response. All three Crown Dependencies (Jersey,
Guernsey and the Isle of Man) were represented at the examination
of the UK's Fourth Report under the International Covenant on
Economic, Social and Cultural Rights (ICESCR) in 2002. Bermuda,
Cayman Islands and British Virgin Islands also sent representatives.
The Crown Dependencies and Overseas Territories have limited resources
and so any detailed scrutiny would require a significant amount
of further work on their part. However, the Government is prepared
to ask them to provide supplementary information in response to
the Joint Committee, should it so request;
(iv) The Government of Gibraltar wrote on
19 April to say that because it holds a different view from the
UK Government on the UK Government's obligations under Article
1 of ICESCR, it prefers to submit separate evidence in respect
of Gibraltar direct to the Joint Committee. The United Kingdom
Government's position on Gibraltar is clear and longstanding—it
supports the right of self-determination, but that right must
be exercised in accordance with the UN Charter and other treaty
obligations. In Gibraltar's case this includes the Treaty of Utrecht.
DISSEMINATION WITHIN
GOVERNMENT
What system is there in place for taking forward
consideration of the concluding observations of the CESCR within
Government? Who, in government, is responsible for its co-ordination?
2. The Foreign and Commonwealth Office,
under the direction of the Secretary of State for Foreign and
Commonwealth Affairs, is responsible for co-ordinating the Government's
periodic reporting under the International Covenant on Economic,
Social and Cultural Rights (ICESCR). When the Concluding Observations
are received by the Foreign and Commonwealth Office they are transmitted
to all the Government Departments which have responsibility for
policy in each of the areas covered by the rights contained in
the ICESCR and for their implementation. The Foreign and Commonwealth
Office also sends a copy of the Concluding Observations to the
Overseas Territories and to the Lord Chancellor's Department for
transmission to the Crown Dependencies.
Isle of Man
3. The Chief Secretary's Office (CSO) is
responsible for co-ordinating responses in respect of international
treaties, conventions and agreements. The CSO considers items
such as the ICESCR Concluding Observations and brings relevant
issues to the attention of the appropriate government departments.
Cayman Islands
4. In taking forward consideration of the
Concluding Observations, recommendations are brought before the
Executive Council for approval. As appropriate, the Executive
Council's decisions become policy, or, in the case of legislation,
Bills to be circulated to the public and ultimately, the Legislative
Assembly for approval.
Falkland Islands
5. The Attorney General in the Falkland
Islands Government presently takes the lead role in promoting
consideration of human rights matters. He draws to the attention
of departments and of the Executive Council such matters as he
considers require consideration or action by the Falkland Islands
Government. The Concluding Observations are copied by the Attorney
General to Elected Councillors and to heads of department and
discussed by heads of department with a view to submission for
consideration as necessary by the Executive Council.
St Helena
6. Concluding Observations are generally
copied to all government departments to help inform policies and
to raise human rights awareness. The Assistant Secretary in the
Office of the Chief Secretary is responsible for co-ordination.
To whom in government are the concluding observations
disseminated? What procedures are in place for re-assessing compliance
with the Covenant on the issues highlighted by the CESCR?
7. The Concluding Observations are disseminated
to all Government Departments, Overseas Territories and Crown
Dependencies which have responsibilities under ICESCR.
8. Individual government departments are
responsible for ensuring compliance with the ICESCR in respect
of their policies and implementation of the rights contained in
the Covenant. Overall monitoring of the United Kingdom's compliance
with the ICESCR is the responsibility of the relevant treaty monitoring
body, the Committee on Economic, Social and Cultural Rights. The
Concluding Observations of the Committee are used by individual
government departments to review where appropriate their compliance
with the ICESCR, particularly where the Concluding Observations
make specific recommendations with regard to compliance.
Scotland
9. The Human Rights Unit in Scotland co-ordinates
cross-cutting policy issues in the Scottish Executive. Human rights
aspects of individual policy areas are mainstreamed throughout
departments. Although key decisions on international human rights
instruments are reserved, policy and practice in relation is devolved.
The Human Rights Unit co-ordinates with UK Government Departments
to produce a single Scottish response covering all policy interests.
10. The Human Rights Unit will review how
Scotland reports on international human rights instruments later
this year. It is also looking to undertake a programme of promotion
and awareness raising which will extend to all the human rights
instruments to which the United Kingdom is signatory.
Isle of Man
11. The Isle of Man Government is moving
forward with a policy of publishing items such as reports under
international conventions and any responses on its internet website.
Cayman Islands
12. Concluding Observations are distributed
to all Ministers and Members for further dissemination. Currently,
no formal mechanism exists for re-assessing compliance with the
Covenant on issues highlighted by the Committee on Economic, Social
and Cultural Rights.
St Helena
13. Concluding Observations are copied to
all Heads of Government Departments to share with staff responsible
for the delivery of services (eg health, social and education).
While no formal procedures are currently in place for re-assessing
compliance with the Covenant on the issues highlighted by the
Committee on Economic, Social and Cultural Rights, consideration
will be given to the Co-ordinating Officer undertaking re-assessment
in close liaison with the relevant heads of government departments.
DISSEMINATION BEYOND
GOVERNMENT
What steps have so far been taken to disseminate
the concluding observations? Has the Government considered how
to facilitate greater involvement of NGOs and civil society in
the preparation of the next periodic report?
14. There are no formal procedures for directly
disseminating the Concluding Observations beyond government. Individual
government departments are responsible for deciding how far they
wish to disseminate the Concluding Observations.
15. NGOs are already able to submit their
views direct to the Committee on Economic, Social and Cultural
Rights as part of the Committee's examination of the government's
periodic reports. On the first day of each session of the Committee,
international and national NGOs and community-based organisations
have an opportunity to express their views on the government's
implementation of the Covenant.
16. The Lord Chancellor's Department has
agreed with NGOs participating in its Ministerial Forum on Human
Rights to set up a sub-committee to the Forum which will monitor
progress on the implementation of recommendations by international
treaty monitoring bodies. This will form part of the UK's preparation
for future periodic reports. The sub-committee intends to monitor
progress on recommendations by several treaty monitoring bodies,
including the Committee on Economic, Social and Cultural Rights.
Cayman Islands
17. The Concluding Observations were circulated
to the press for distribution into wider society.
18. There are no arrangements in place for
the facilitation of greater involvement of NGOs in the preparation
of subsequent reports.
Falkland Islands
19. Copies of the Concluding Observations
were sent in May 2002 to the local media and to the local trade
union and chamber of commerce. The Concluding Observations were
made available in the local library and brought to the attention
of the public by radio broadcast.
St Helena
20. There has been some delay in disseminating
the Concluding Observations on the UK's Fourth Report under the
ICESCR. In addition to heads of government departments, immediate
arrangements are being made for the Concluding Observations to
be copied to the three main private sector employers, the civil
society organisation and the St Helena Development Agency which
has an overview of, and contacts with, small private sector enterprises.
The Concluding Observations, together with the report, the committee's
list of issues and the UK's written response to those issues will
also be placed in the Public Library and publicity will be given
via the local media, ie the weekly newspaper and radio.
21. Similar publicity will be given to the
Covenant when preparing for the fifth periodic report. The Co-ordinating
Officer will continue to communicate direct with Civil Society
and NGOs.
Following the CESCR's concluding observations,
has any further consideration been given to the case for incorporation
of guarantees of economic social and cultural rights in UK law?
22. The ICESCR does not require particular
national implementation measures for its provisions.
23. The Government considers that the greater
part of the provisions of the ICESCR are statements of principle
and objectives which do not lend themselves to specific incorporation
into legislation or to justiciable processes. The Government has,
both before and since the coming into force of the Covenant, taken
measures, including legislation and the adoption of policies and
programmes, which advance the same principles and objectives as
are set out in the Covenant.
24. Where the Covenant imposes a more precise
obligation on States Parties and this has not hitherto been reflected
in UK common law, existing legislation or administrative procedures,
the UK's practice is to bring that law or procedure into line
with the relevant obligation to ensure its implementation in national
law. Such laws, policies and practices, including those which
have taken place since the issue of the Concluding Observations,
are detailed in the body of this response to the Joint Committee
on Human Rights inquiry.
Cayman Islands
25. No further consideration has been given
to the incorporation of guarantees of economic, social and cultural
rights except those included in the proposed new employment law.
St Helena
26. A fundamental rights chapter will be
included in the new Constitution for St Helena. Further consideration
will be given to enhancing guarantees of economic social and cultural
rights in legislation, within the context of available local resources.
Is the Government fully convinced that the ICESCR
rights can be fully protected under the current system without
incorporation, and why?
27. The Government believes that it is in
compliance with the ICESCR and that the existing arrangements
already provide sufficient legal and administrative guarantees
of rights contained in the Covenant.
St Helena
28. Efforts are made, as far as possible,
to ensure that the ICESCR rights are fully protected within the
context of existing practices and available local resources.
What structures, short of incorporation, could
be put in place to address the CESCR's concern that socio-economic
rights are insufficiently protected within the UK legal system?
29. While any number of national structures
could be created in addition to the present system of treaty monitoring
by the UN Committee on Economic, Social and Cultural Rights, the
Government believes that the economic, social and cultural rights
contained in the Covenant are sufficiently protected under existing
arrangements.
Cayman Islands
30. There have been no discussions within
the Cayman Islands Government as to what structures might be put
in place to ensure that socio-economic rights are protected.
St Helena
31. The Concluding Observations will be
given wide distribution on St Helena, including publicity via
the local media. This will generally raise awareness of ICESCR
rights throughout the relatively small populace and will reduce
the need for additional structures to further protect socio-economic
rights. In addition, the Attorney General has spoken publicly,
on radio and in Legislative Council about fundamental rights and
the proposal to include a fundamental rights chapter in the new
Constitution.
Since the issue of the concluding observations,
have any steps been taken to factor in ICESCR rights to policy
formulation? How, if at all, are the provisions of the Covenant
used to assess policy proposals?
32. The United Kingdom gives effect to its
obligations under the Covenant on Economic, Social and Cultural
Rights by means of specific laws, policies and practices which
implement the various rights set out in the Covenant. Such laws,
policies and practices, including those which have taken place
since the issue of the Concluding Observations, are detailed in
the body of this response to the Joint Committee on Human Rights
inquiry.
33. The Government's civil service code
states that all civil servants have "a duty to comply with
the law, including international law and treaty obligations"
and therefore all human rights treaties to which the UK is a party
(including the Covenant) must be taken into account in the formulation
of Government policy.
St Helena
34. ICESCR rights are enshrined in existing
policies and practices and are reflected in St Helena's list of
Strategic Objectives, which was formally adopted in April 2003
after extensive public consultation. The Objectives are as follows:
1. Improved access (to St Helena).
2. Improve the standard of education for
the people of St Helena.
3. Development of a sustainable and vibrant
economy to the benefit of St Helena.
4. Develop a healthy community in a safe
environment.
5. Promote and develop a sustainable workforce.
6. Continue to develop and establish the
democratic and human rights and self determination of the people
of St Helena.
Which human rights curricula or training programmes
include economic social and cultural rights? In how much detail
are these rights considered?
England
35. The introduction of the new National
Curriculum order for Citizenship Education in September 2002 aims
to educate young people in human rights issues. Citizenship was
introduced in primary schools in September 2000 and became a statutory
National Curriculum subject in secondary schools in September
2002. It is up to individual schools to decide how to develop
this programme, which offers them the opportunity to cover a wide
range of issues related to human rights, including economic, social
and cultural rights. The new order provides the basis for teaching
pupils about responsible action as citizens. For the first time
in secondary schools, pupils will be taught about legal and human
rights and responsibilities; the diversity of national, regional,
religious and ethnic identities in the UK; and the need for mutual
respect and understanding. They will learn about how legal and
human rights underpin society and relate to citizens, and consider
the role of international institutions such as the UN. The Citizenship
programme provides the framework for pupils to learn about the
UN Convention on the Rights of the Child. All schools have received
guidelines on teaching citizenship, with examples of how to deal
with human rights issues and planning lessons based on the Convention
on the Rights of the Child.
Scotland
36. Citizenship education is non-statutory
in Scotland. The proposed remit of the Scottish Human Rights Commission
covers all the International Human Rights Instruments to which
the UK is signatory. This includes the ICESCR. In addition, Learning
and Teaching Scotland launched Education for Citizenship in Scottish
Schools last year. The Scottish Executive Human Rights Unit is
in discussion with Learning and Teaching Scotland to see how issues
of economic, social and cultural rights might be covered under
this initiative.
Wales
37. Citizenship is not proposed as a separate
subject in Wales. During the review of the National Curriculum
for Wales, the Government took the view that citizenship should
be embedded in a framework for Personal and Social Education (PSE).
It was implemented in schools in Wales at all four stages of compulsory
education alongside the revised National Curriculum for Wales
in September 2000. The framework is currently non-statutory, but
evaluation by the Qualifications, Curriculum and Assessment Authority
for Wales revealed widespread support for PSE to be given statutory
status. The National Assembly has now agreed that PSE will form
part of the basic curriculum for maintained schools in Wales from
September 2003 for pupils of compulsory school age (five to 16).
Northern Ireland
38. Currently in the Northern Ireland school
curriculum there is no specific Programme of Study covering human
rights. Many of the elements which make up this subject are however
included within various areas of the curriculum, for example,
history, geography, religious education, the cross-curricular
theme of Education for Mutual Understanding (which is about fostering
self-respect, respect for others and the improvement of relationships
between people of differing cultural traditions) and Personal
and Social Education (which includes issues such as disability,
sexuality, gender and social and environmental responsibility).
39. Following a major review of the curriculum,
the Northern Ireland Council for the Curriculum, Examinations
and Assessment has recommended that a revised curriculum should
include a programme of Local and Global Citizenship. The underlying
theme of this programme will be the principles of human rights
and social responsibility where, inter alia, pupils will
have opportunities to investigate how they feel about various
issues and how this affects their attitudes. Citizenship programmes
are currently being piloted in a range of schools.
Isle of Man
40. Economic, social and cultural rights
are included in the secondary school personal and social education
curriculum.
Cayman Islands
41. Human rights have recently been incorporated
into the curriculum as part of citizenship education.
St Helena
42. There is no specific human rights curriculum
nor are there regular human rights training programmes. However,
the schools curriculum does include a personal, social and health
education programme, which covers basic human rights. Also, a
series of human rights workshops were held in 2001 during the
visit of the Department for International Development Social Development
Adviser and were attended by both public and private sectors.
Consideration will be given to including economic, social and
cultural rights in human rights curricula and training programmes
which may be developed in the future within the context of available
local resources.
Are there plans to broaden programmes of human
rights education to encompass the UK's international human rights
obligations, including those under the ICESCR?
England
43. The programme of study for citizenship
education is "light touch" in nature to allow schools
flexibility in their approach. Therefore, schools are able to
cover a range of issues within the programme, including international
human rights obligations.
Scotland
44. The Scottish Executive Human Rights
Unit is in discussion with Learning and Teaching Scotland to see
how these issues might be covered under this initiative.
St Helena
45. Consideration will be given to this
within the context of available resources.
The Committee urged the UK to prepare a national
human rights plan of action, in accordance with the Vienna Declaration
and Programme for Action. Does the Government have any plans to
do so?
46. There are no plans at present within
Government to establish a national human rights plan of action.
The Vienna Declaration and Programme of Action does not oblige
States to establish such plans.
47. The Lord Chancellor's Department has
lead responsibility for the development of human rights in the
UK. Its Human Rights Unit promotes compliance with the Human Rights
Act and the development of a human rights culture within Government
and in public authorities nation-wide. To that end it delivers
a programme of roadshows and presentations across the country,
and provides guidance on the Human Rights Act for officials and
the public.
St Helena
48. There are no immediate plans to prepare
a national human rights plan of action but consideration will
be given to this, within the context of available local resources.
SPECIFIC ISSUES
DISCRIMINATION
The CESCR recommended further steps to combat
de facto discrimination, in particular against ethnic minorities
and people with disabilities, in relation to employment, housing
and education. In this regard it "strongly recommends"
that the UK enact comprehensive legislation on equality and non-discrimination,
in accordance with Articles 2.2 and 3 of the Covenant
Disability Discrimination Act 1995 (DDA)
49. Since 1996 the DDA has provided significant
protection against discrimination for disabled people in the areas
of employment and access to goods, services and facilities, the
sale and letting of premises and in respect of powers to set standards
for transport vehicles. In December 1997, wishing to strengthen
the operation of the Act, the UK Government set up a Task Force
comprising representatives from disability organisations, public
bodies, business and trade unions. It had the remit of producing
recommendations on comprehensive civil rights for disabled people.
50. The Task Force's initial work was to
develop recommendations on the role and functions of a statutory
Disability Rights Commission, which was established in April 2000
with enforcement powers and a duty to monitor and review the operation
of the Disability Discrimination Act. The Task Force then went
on to make recommendations on comprehensive civil rights for disabled
people in its December 1999 document From Exclusion to Inclusion.
In March 2000 the UK Government published for consultation its
response to the Task Force: Towards Inclusion. One immediate
consequence of the Task Force's work was that the UK Government
extended the DDA to cover education services.
51. The UK Government subsequently published
two further consultation documents which looked at implementing
the EU's Article 13 Employment and Race Directives: Towards
Equality and Diversity (December 2001) and Equality and
Diversity—the way ahead (October 2002).
Employment
52. The Task Force's recommendations foreshadowed
a number of the disability provisions in the Employment Directive.
Regulations to implement the Directive, which are shortly to be
laid before Parliament, will make a number of significant changes
to the DDA's employment provisions:
(i) ending the current exemption of small
employers (ie fewer than 15 employees) from the scope of the DDA;
and
(ii) bringing within scope a range of occupations
that are currently not covered (ie the police force, fire fighters,
barristers and their pupils, partners in business partnerships
and employment on board ships, planes and hovercraft).
53. The Regulations will also: shift the
burden of proof so that where an applicant produces clear evidence
of discrimination it will be for the employer to establish his
actions were not discriminatory; strengthen the DDA's protection
for work-related harassment; and help ensure that discrimination
solely on the grounds of prejudice cannot be justified. These
latter changes go further than the recommendations of the Disability
Rights Task Force.
54. Ending the employment and occupational
exclusions will bring within scope of the DDA over a further one
million small employers and an additional seven million jobs in
which 600,000 disabled people already work.
55. These changes, which will come into
force in October 2004 (at the same time as other changes are made
to the DDA which will require service providers to look at removing
physical barriers to disabled people's access), go part of the
way towards meeting the Government's commitment to extend rights
and opportunities for disabled people, as indicated in its 2000
document Towards Inclusion.
56. In January 2003, the Secretary of State
for Work and Pensions announced the Government's intention to
publish later in 2003 a draft Disability Bill. The draft Bill
will undergo pre-legislative scrutiny by a Parliamentary Committee.
The exact scope and content of the Bill is yet to be finalised
but the Government is considering such issues as:
(i) extending the DDA definition of disability
to more people with HIV and cancer;
(ii) introducing a duty on public bodies
to promote equality of opportunity for disabled people;
(iii) extending duties under Part 3 of the
DDA in such areas as the function of public bodies, transport
operators and premises; and
(iv) covering membership of larger private
clubs in Part 3 of the DDA.
57. The draft Bill has been welcomed by
the UK's Disability Rights Commission, UK disability bodies and
others.
Housing
58. The Building Regulations (Part M) requires
the needs of disabled people to be taken into account in the construction
of domestic and non-domestic buildings. The requirements of Part
M were extended to all new dwellings from October 1999. This was
a major step forward in making all new housing more accessible
potentially more than 10 million people will benefit. The Government
expects that the stock of accessible housing will increase year
on year.
59. The provisions will enable disabled
occupants to cope better with reducing mobility and to remain
longer in their own homes (although not necessarily to facilitate
fully independent living), for example every new home will be
required to have a level or ramped approach to the dwelling itself.
60. The Office of the Deputy Prime Minister
launched a public consultation in August 2002 on the non-domestic
requirements and provisions of Part M. This fulfils one of the
recommendations of the Disability Rights Task Force in its report
From Exclusion to Inclusion, which recommended that the
scope for the present application of Part M should be reviewed.
61. The current proposals include extending
the scope of Part M to existing buildings and introducing the
concept of access and use for all, not simply those with recognised
disabilities. The proposed amendments represent the next stage
in guaranteeing physical access for disabled people and will help
create more opportunities for them to take an equal and active
part in their communities. The amendments will not only improve
access for disabled people but will make access easier for many
other users, eg older people, those with temporary disabilities
and parents with pushchairs. These improved Regulations will provide
greater guidance for those involved in building and design, and
help put accessibility to the forefront of designers' minds.
Education
62. Originally the provision of education
was not covered by the DDA. This matter has now been rectified
through the amendments made to the DDA by the Special Educational
Needs and Disability Act 2001. This means that the DDA now provides
protection against discrimination for disabled pupils, students
and adult learners in schools, Further Education and Higher Education
and Adult and Community Learning.
63. The Special Educational Needs and Disability
Act also amended the Education Act 1996. The amendments made to
both the DDA and the Education Act dovetail and work together
to form an overall package of support and protection for children
with Special Educational Needs (SEN) and disabilities in schools.
Special Educational Needs
64. The SEN provision came from Meeting
Special Educational Needs: A Programme of Action published
in November 1998. The SEN provisions will make a drive towards
greater inclusion of children with statements of SEN into mainstream
schools where parents want it and where it is compatible with
the efficient education of other children. It will also give greater
support for parents of children with SEN by:
(i) placing a new duty to establish Parent
Partnership services;
(ii) placing a new duty to establish conciliation
arrangements; and
(iii) refining the working of the SEN Tribunal
and SEN Code of Practice to better support parents and children.
The SEN provisions came into force on 1 January
2002.
Disability
65. The disability rights provisions address
the education recommendations of the Disability Rights Task Force
set out in its report From Exclusion to Inclusion. The
new duties the DDA now places on Local Education Authorities (LEAs)
and schools (including independent schools and non-maintained
special schools) in England and Wales and on Local Authorities,
independent schools and grant-aided schools in Scotland are:
In England, Scotland and Wales
(i) not to treat disabled pupils less favourably,
without justification, than pupils who are not disabled;
(ii) to make reasonable adjustments so that
disabled pupils are not put at a substantial disadvantage compared
to pupils who are not disabled (but there is no duty to remove
or alter physical features or provide auxiliary aids and services);
and
In England and Wales only
(iii) to plan strategically and make progress
in increasing physical accessibility to schools' premises and
to the curriculum and to provide written materials in alternative
formats.
66. In Scotland, planning is a devolved
matter. The Scottish Parliament has passed the Education (Disability
Strategies and Pupils' Educational Records) (Scotland) Act which
will introduce a similar planning duty on local authorities, independent
schools and grant-aided schools.
67. New duties on Further Education institutions,
Higher Education institutions, and LEAs in respect of adult education
and youth services provision secured by them:
(i) not to treat disabled students less favourably,
without justification, than students who are not disabled; and
(ii) to make reasonable adjustments to ensure
that people who are disabled are not put at a substantial disadvantage
to people who are not disabled in accessing further, higher and
LEA secured education.
68. There will be new rights of redress
where education providers discriminate against disabled pupils
and students:
(i) to a reconstituted SEN Tribunal in the
case of schools;
(ii) to the courts, for post-16 provision.
69. The disability provisions came into
force on 1 September 2002 with the exception of:
(i) provision of auxiliary aids and services
in the post-16 sector (September 2003); and
(ii) duty to alter or amend physical features
in the post-16 sector (September 2005).
70. Disability Codes of Practice were published
on 8 July 2002 by the Disability Rights Commission to explain
and illustrate the legislation to help education providers and
disabled people understand their rights and responsibilities.
The Department for Education and Skills issued guidance in July
2002 on the duty in England to plan strategically to increase
access to schools by disabled children (the National Assembly
for Wales will issue its own guidance). A summary of the guidance
was sent to all schools in June. Copies are available from the
Disability Rights Commission's Helpline and Department for Education
and Skills publications centre.
Schools Access Initiative
71. In England the Schools Access Initiative
gives capital support for projects to make maintained mainstream
schools and nursery provision accessible to pupils with disabilities.
72. LEAs must submit a brief report at the
end of the financial year to confirm the types of access work
and schools which have been targeted, together with costs and
potential benefits.
73. £220 million has been made available
over the three-year period 2001-04: £50 million in 2001-02;
£70 million in 2002-03 and £100 million in 2003-04.
Continued support for the scheme was given in March 2003 with
an announcement of a further £100 million for 2004-05 and
2005-06. In addition, over the period 2002-03 to 2003-04, £172
million will be made available to the post-16 sector (Further
Education, Higher Education, Adult Education and the Youth Service)
to improve accessibility for disabled students and adults.
Northern Ireland
74. Equivalent legislation is being introduced
for Northern Ireland, which should be effective from September
2004.
Racial Discrimination
75. There is already comprehensive legislation
outlawing racial discrimination in employment, housing and education
(among other areas), under the Race Relations Act 1976. The Government
has strengthened the law further with the Race Relations (Amendment)
Act 2000 (RRAA), which places a positive duty on public authorities
to promote race equality.
76. The anti-discrimination legislation
will be further strengthened during 2003, with the implementation
of the EC Article 13 Race and Employment Directives. Work is also
underway to evaluate the implementation of the RRAA. The Department
of Work and Pensions (DWP) is leading work to improve the achievement
of ethnic minority people in the labour market and the Department
for Education and Skills (DFES) is currently consulting on a strategy
to improve ethnic minority achievement in the education system.
Race Relations Act 1976
77. The Race Relations Act 1976 outlaws
discrimination (direct and indirect) and victimisation on the
grounds of colour, race, nationality (including citizenship) or
ethnic or national origins in employment and training, the provision
of goods, facilities and services, education, housing and certain
other activities. Individuals can bring proceedings and claim
damages under this Act. It also provides for the establishment
of the Commission for Racial Equality (CRE).
Race Relations (Amendment) Act 2000
78. The Race Relations (Amendment) Act 2000
strengthens the 1976 Act. The 2000 Act outlaws discrimination
in all public authority functions not already covered by the 1976
Act with a few exceptions, such as immigration and nationality
decisions. It also places a general duty on the main public authorities
to promote race equality. This requires them to take action to
prevent acts of race discrimination before they occur. Those public
authorities, in performing their public functions, have to: "have
due regard to the need to eliminate unlawful racial discrimination,
and to promote equality of opportunity and good relations between
persons of different racial groups". This general duty
covers over 40,000 public bodies.
79. In addition, the Government decided that
key public authorities—including central Government Departments,
Local Authorities and Local Education Authorities—should
be subject to a number of specific duties. The specific duties
require bodies to publish a Race Equality Scheme describing their
public functions that are relevant to the duty. Bodies also have
to set out their arrangements for: assessing and consulting on
the policies they are proposing for adoption; monitoring for any
adverse impact of their policies on the promotion of race equality;
publishing the results of their assessments, consultations and
monitoring; ensuring public access to information and to services;
and for training staff in issues relevant to the duty.
European Race and Employment Directives
80. The United Kingdom's anti-discrimination
legislation will be further strengthened when the EC Article 13
Race and Employment Directives are brought fully into domestic
law. Draft regulations were laid before Parliament in May 2003.
Evaluation of RRAA implementation
81. The CRE has commissioned equality and
diversity consultants to complete a research project to give a
picture of the extent and nature of compliance and public authorities'
response to the public duty.
82. The project will inform the CRE's future
promotional and development work in assisting public authorities
to implement the public duty, as well as determining the strategic
direction of future enforcement activities. It will be of value
to individual public authorities and strategic agencies, giving
them the opportunity to say and share what they are doing and
learn from areas of good practice.
Stage 1 of the project involved a survey
questionnaire being sent to approximately 3,500 listed public
authorities, including central Government Departments, local government,
Further and Higher Education and schools. The deadline for responding
to the questionnaire was 24 January 2003.
Stage 2 (the qualitative analysis) will
look at a representative sample of schemes and policies against
the CRE's statutory Code and other guidance, including the Framework
for Inspectorates, to assess the nature and degree of compliance.
The Government will also be looking to identify other issues,
either sectorally or duty specific and to assess how outcome-focused
public authorities have been in producing their schemes and policies.
83. The findings from Parts 1 and 2 will
result in a single report. This will be launched in June 2003
in a "One year on" media launch involving the key national
leaders for the public sector as well as the relevant Minister
and CRE Chair. The findings will also be used for a further series
of conferences and seminars, which will cover the main sectors
and these events will seek to stimulate further improvement on
this agenda. They will, where possible, be done in partnership
with strategic partners such as the Local Government Association
and central Government Departments.
Ethnic Minorities and the Labour Market
84. In March 2001 the Prime Minister commissioned
his strategy unit to produce a report and recommendations improving
the achievement of people from minority ethnic groups in the labour
market. The final report was published in March 2003 and made
27 recommendations, all of which the Government is committed to
implementing. The main themes of the report are:
(i) building employability;
(ii) connecting people with work;
(iii) equal opportunities in the workplace.
85. A taskforce, led by the Department of
Work and Pensions has been established to co-ordinate the implementation
of the recommendations across DWP, DFES, DTI, Office of the Deputy
Prime Minister, the Home Office and the CRE. The recommendations
have implementation dates between 2003 and 2006.
Ethnic Minorities and Education
86. The Department for Education and Skills
is currently consulting on a new strategy for improving the educational
attainment of children from under-achieving minority ethnic groups.
The strategy includes issues such as attainment at key stages,
teacher expectations, inclusion and parental involvement.
Isle of Man
87. Measures concerning race relations and
on discrimination (other than based on gender, where legislation
already exists) in employment are in the legislative programme
for the next three years.
Falkland Islands
88. There is no discrimination in housing
and education. The Attorney-General proposes to raise with other
officers and ultimately the Executive Council the issue of de
facto discrimination of persons with disabilities in terms
of access to premises and work opportunities.
St Helena
89. There is no written equal opportunity
policy in either the Government or private sector. However, there
are no ethnic minority groups on St Helena and, where there is
evidence of discrimination against people with disabilities (eg
access to public buildings), a Working Group has been established
to seek to address these issues within the context of available
resources. A Disabilities Action Group has also been proposed,
made up of representatives from Civil Society Organisations, Public
Health and Social Works Department, Personnel Department and the
private sector. Terms of reference have been drafted and the group
has strong support from civil societies. Key areas that will be
considered by the group include social inclusion, employment,
access, equal rights and legislation relating to disabilities
discrimination.
90. Education policy actively incorporates
all disabled children (learning and physical disabilities) into
mainstream schooling.
91. Rights and Equal Opportunities for excluded/vulnerable
groups were included in an initial social impact analysis for
the air access study. A full social impact analysis was recommended
to confirm initial findings.
THE NATIONAL
MINIMUM WAGE
The CESCR urged the UK to ensure that the
level of the national minimum wage is determined in accordance
with the requirements of the right to an adequate standard of
living; to extend protection of the minimum wage to people under
the age of 18; and to apply the minimum wage on a non-discriminatory
basis to people between 18 and 21.
92. The minimum wage rates in the UK are
based on those recommended by the independent Low Pay Commission.
The Commission carries out extensive consultation and fact-finding
exercises during the preparation of its reports and it also sponsors
research. It takes evidence, written and oral, from employers,
employer groups, unions and other interested organisations and
individuals. The Government recognised from the start that the
partnership approach proceeding through an independent Low Pay
Commission with a membership drawn from both sides of industry,
as well as independent commissioners, was likely to produce minimum
wage proposals which would be more widely acceptable than proposals
produced by the Government and imposed on employers and workers.
This has contributed to the success of the minimum wage. The factors
the Commission considers in formulating its recommendations include
benefiting as many low paid workers as possible whilst bearing
in mind the need to take account of the possible impact on affordability,
employment, inflation and competitiveness.
93. The purpose of the minimum wage is to
ensure fairness in the workplace and to prevent unscrupulous employers
driving down wages in an exploitative manner. It cannot be aimed
simply at providing an "adequate standard of living"
since this would vary from individual to individual. The Government
believes that, reflecting the multi-dimensional nature of poverty,
it is more informative to have a broad suite of indicators of
poverty than place over-reliance on a single official definition.
To rely on the minimum wage alone to guarantee a decent minimum
income to families with children would require it to be set at
such a high rate that this would inevitably reduce the job prospects
of the unskilled, especially the young. That is why it needs to
be seen as part of the solution which also includes Working Families
Tax Credit, New Deal and regional regeneration.
94. From October 2002 the national minimum
wage (main adult rate), in conjunction with the Working Families
Tax Credit and other benefits has provided a guaranteed minimum
income of at least £231 a week for families with children
and someone in full-time work (35 hours per week). From April
2003 the minimum wage and the new Working Tax Credit increases
this minimum income to £237 per week, or over £12,300
per year.
95. UK national minimum wage rates and other
aspects of the policy are set by the Government based on the recommendations
of the independent Low Pay Commission. In their original terms
of reference, before the minimum wage took effect in April 1999,
the Government asked the Commission to consider the case for setting
a different minimum rate for workers in the 16-25 age group because
it was aware that, where international studies of minimum wages
had found adverse employment effects, these tended to show a disproportionate
impact on younger workers. The Commission recommended that there
should be a lower minimum wage rate for young workers which would
commence at age 18 and that workers aged 16 and 17 should be exempted.
The Government agreed with the Commission about 16 and 17 year
olds because it wanted people in this age group to be concentrating
on their education and acquiring the skills they need to progress.
It did not wish to see a situation develop where young people
were encouraged to leave full-time education early by the prospect
of earning a certain guaranteed level of wages.
96. The Low Pay Commission in its latest
report (its fourth) has suggested that it should be asked now
to have a look at the possible introduction of a minimum wage
rate for 16-17 year olds. The Government agrees that this is a
serious issue which merits further consideration, and has asked
the Commission to look at this question in the context of a wider
review looking at education and training policy and the system
for financial support for young people. The Commission will be
asked to work closely on this with relevant Departments including
the Department for Education and Skills, the Department for Work
and Pensions, the Department for Trade and Industry and the Treasury.
97. The Commission also recommended that
there should be a lower minimum wage rate for young workers which
would commence at age 18 and apply until (and including) age 20.
The Government accepted the recommendation about a "youth
rate" but, preferring to be extra cautious and concerned
about the possible impact on youth unemployment, decided that
the youth rate should apply also to workers aged 21. Economic
evidence continues to show that employment and unemployment rates
for 21 year old workers are more in line with 18-20 year olds
rather than older workers—and, in some cases, worse than
those for 20 year olds. The Government therefore continues to
believe that there would be a real risk of further damaging their
employment prospects if they were moved onto the adult rate.
98. The lower rate for young workers reduces
the risk that the minimum rate might adversely affect their job
opportunities by pricing them out of the market. The policy has
worked with young people continuing to benefit from the minimum
wage whilst youth unemployment has continued to fall and employment
to rise. Additionally, the minimum wage is not prescriptive. Once
a younger worker is in employment and demonstrated the ability
to work as well as older colleagues their employer may pay them
the same rates and many employers do this.
99. The minimum wage operates throughout the
UK and is not a devolved policy. On the Isle of Man, changes to
the amount are considered periodically by a Tynwald Committee.
Falkland Islands
100. In March 2002 the Falkland Islands
Government began an exercise of consultation as to whether a national
minimum wage should be introduced by legislation. It believes
that a voluntary national Code of Practice universally adhered
to by employers, and accepted by bodies representative of employees,
would in the circumstances of the Falkland Islands, be preferable
to legislation.
101. The process of consultation is ongoing.
Some of the bodies consulted have not yet responded fully and
have been pressed by the Falkland Islands Government to do so.
102. The Falkland Islands Government has,
however, been informed by contractors to the Ministry of Defence
in respect of the military in the Falkland Islands that they would
feel unable to be party to a Code of Practice because their contracts
are fixed-price contracts which would only permit adjustment in
respect of higher wages payable if these were compelled by legislation.
The Falkland Islands Government will seek to pursue this issue
through appropriate channels with the United Kingdom Government.
The Falkland Islands Government recognises that if a national
Code of Practice cannot be achieved it may have to introduce appropriate
legislation.
St Helena
103. This issue will be considered when
the general employment legislation is reviewed. A commitment for
such a review was made during a recent sitting of the Legislative
Council.
THE RIGHT
TO STRIKE
The CESCR recommended that, in order to ensure
compliance with Article 8, the right to strike be incorporated
in legislation and that strike action should no longer entail
the loss of employment.
104. The Government values the Concluding
Observations of the Committee on Economic, Social and Cultural
Rights on the issue of the right to strike. Having re-assessed
UK law in light of the points raised, the Government believes
however that the UK does fulfil its obligations under Article
8 of the Covenant.
105. The Committee's first proposition is
that the UK may be in breach of the Covenant because a right to
strike is not enshrined in its law. The Government does not share
this view. Although UK law does not include an explicit right
to strike, it does uphold workers' freedom to take industrial
action. Section 236 of the Trade Union and Labour Relations (Consolidation)
Act 1992 ensures that courts cannot order employees to work or
attend at any place for the doing of work. This section has the
effect of ensuring that employers cannot use the courts to compel
a worker to work or to return to work. In so doing, the law ensures
that workers are free to withdraw their labour if they wish.
106. In addition to this freedom for individuals,
UK law also upholds the freedom of trade unions to organise industrial
action. If a union organises industrial action by workers in contemplation
or furtherance of a trade dispute with their employer, and follows
proper procedures for balloting its members and notifying the
employer, it is protected from civil proceedings. While the Government
took the decision on gaining office in 1997 to retain the essential
features of industrial action law in place at the time, it has
made some important reforms. The Employment Relations Act 1999
(ERA) amended the law to simplify and clarify the requirements
in relation to ballots and notices, better defining the information
which unions are required to provide, and allowing the courts
to disregard minor and accidental failures in the balloting process,
among other measures. These changes are now themselves being examined
as part of a review of the ERA in which the Government is proposing
further simplification.
107. The Government therefore maintains
that, taken together, these protections mean that a right to strike
that complies with the Covenant is already enshrined in UK domestic
law; the Government is unable to accept the view of the Committee
that the Covenant requires the right to be made more specific
than it is at present. Moreover, given the established system
of protections and obligations—which build on the traditions
and practice of industrial relations—it is uncertain what
effect an additional explicit right would have.
108. The Committee's second proposition
is that, in order for the UK to comply with the Covenant, strike
action should no longer entail loss of employment. The Government
has examined this suggestion carefully and remains of the view
that the UK is in compliance with the Covenant. The Government
agrees that giving protection against loss of employment is one
means by which national legislatures can secure, or at least assist
in securing, compliance with the Covenant. But it does not consider
that the Covenant, which does not refer explicitly to the dismissal
of strikers, makes such a protection essential in all circumstances
or requires, where the protection is given, that it must be indefinite.
109. The Government has introduced important
protections from dismissal for taking industrial action. Before
the Employment Relations Act 1999 (ERA) came into effect, workers
taking industrial action were protected only from selective dismissals.
This meant that all those breaching their contract by striking
could be dismissed as soon as they started the action. The ERA
made any dismissal for taking protected industrial action automatically
unfair if:
(i) it takes place within eight weeks of
when the employee started to take the action; or
(ii) it takes place after the end of the
eight-week period and the employee had stopped taking part in
the action before the end of that period; or
(iii) it takes place after the end of the
eight-week period, the employee had not stopped taking part in
the action before its end, and the employer had not taken reasonable
procedural steps to resolve the dispute giving rise to the industrial
action.
Certain groups of workers, such as police and
prison officers, are however prevented for security reasons from
taking industrial action. These restrictions are provided for
by the terms of article 8(2) of the Covenant.
110. The eight-week period covers the vast
bulk of industrial action. However, it also provides a necessary
freedom for employers lawfully to dismiss strikers when they are
involved in protracted disputes which might have very damaging
implications for the viability of businesses and the jobs they
generate. Since 1999, the Government is aware of only one case
in which workers have been dismissed for taking protected industrial
action. In this case (Mr J Davies v Friction Dynamics
Ltd), an Employment Tribunal decided that the dismissal had
been unfair because it had taken place within eight weeks of the
commencement of industrial action. The Tribunal also found that
the employer had not taken all reasonable procedural steps to
resolve the dispute. The employer is appealing this verdict, and
as such it remains too early to draw definitive lessons from it.
111. These provisions are being re-examined
as part of the current review of the ERA. Based on the evidence
available, the Government is proposing to retain the existing
arrangements for protection from dismissal for taking action,
but is seeking views on whether "lock-out" days might
be exempted from the eight-week period. A public consultation
closes on 22 May, and any legislative changes will be made during
the lifetime of this Parliament.
112. Employment Relations Policy is applied
across Great Britain. In Northern Ireland there is a slightly
different system in that the Executive (or NI Office) must pass
orders to put in place the law separate to the Westminster process.
However, in respect of this policy, the law is the same across
the UK. On the Isle of Man, wide-ranging changes to employment
legislation are presently being reviewed with a view to the introduction
of the Employment (Amendment) Bill in the 2003-04 legislative
session.
St Helena
113. The Trade Unions and Disputes Ordinance
provides for the lawful establishment of Trade Unions. While it
does not specifically create the right to strike, it may be contended
that the Ordinance recognises by implication, action (including
strike action) by trade unions within the context of trade disputes.
Consideration will be given to a review of these provisions.
DOMESTIC VIOLENCE
The CESCR recommended that the UK continue
its efforts to combat domestic violence and to ensure sufficient
refuge places.
114. The Government takes great care to
ensure that all its policies are gender neutral and can be applied
to either sex. However, data from the British Crime Survey and
police indicates that women are significantly more likely to be
the victims of domestic violence and men are more likely to be
the perpetrators. Therefore in policy terms particular attention
and focus is paid to strategies for supporting women.
115. In 2001 the Government established
a Ministerial Working Group, the aim of which is:
(i) to increase safe choices for victims,
whether inside or outside the home;
(ii) hold all those responsible accountable;
(iii) develop effective interventions to
prevent repeat attacks;
(iv) challenge the "just a domestic"
culture; and
(v) ensure that this crime is no longer excused,
tolerated or ignored.
116. The Government seeks to address domestic
violence both in terms of prevention and protection, providing
help and support as well as bringing perpetrators to justice.
To deliver this programme, the Government is undertaking a range
of activities as set out below.
Prevention
Awareness raising
117. A strategy is being developed with
two overarching aims: to reach more victims and raise awareness
of options for safety and protection; and to reduce social tolerance
of the crime so that it is no longer excused, tolerated or ignored.
Research into the costs of domestic violence
118. The Ministers for Women have launched
research into the economic and social costs of domestic violence.
The research aims to describe the current position in the UK in
terms of the availability and quality of data; develop a methodology
to estimate the economic and social costs in the UK; and employ
the proposed methodology to estimate costs borne by service providers,
employers and women and their families.
Increasing understanding
119. In 2002-03 the Minister for Women has
undertaken a series of fact-finding and awareness raising visits
as part of her domestic violence work, to hear more about the
experiences of women and the experiences of frontline providers.
Two of the visits were in specialist minority ethnic projects.
120. In addition to this, the Government
has undertaken research through the Reducing Violence against
Women Initiative, part of the national Crime Reduction
Programme, an evidence-led initiative that aims to identify
the most effective and cost-effective approaches to reducing domestic
violence, rape and sexual assault by known perpetrators, and to
disseminate good practice. Some 54 projects have been commissioned.
These are victim-focused and provide information, advice and support
to empower survivors to report incidents to the police and to
other agencies, as well as enabling them to make informed decisions.
The findings and lessons from the initiative were made available
in the first part of 2003.
Early health intervention
121. Maternity care is an important area
of the health service for combating domestic violence. Thirty
per cent of domestic violence starts in pregnancy and existing
levels of violence can often escalate. The Government has therefore
recently commissioned programme funding to pilot routine antenatal
questioning on domestic violence. Outcomes of the pilot will be
fully evaluated and available by the end of 2003. Through membership
of the project steering group, the Department of Health will look
closely at emerging findings and consider national rollout as
part of the maternity element of the Children's National Service
Framework.
Protection
Increasing support and the provision of refuge places
122. The Government recognises and values
the important work of women's refuges. One of the Government's
key priorities for the new Ministerial Group is increasing safe
accommodation choices for women and children. The Supporting People
Programme is a new system of planning, monitoring and funding
for housing-related support services in England. The Programme
will form an integral part of delivering this aim, helping domestic
violence survivors to live more independent lives in the community.
It took effect from April 2003. Revenue funding of £153 million
is being provided to ensure the effective implementation of this
programme; and in the run-up to implementation £120 million
additional capital funding was made available to increase provision
for specified vulnerable groups that included women fleeing domestic
violence.
123. The number of spaces for households
in refuges in England has increased. In 1998 there were 2,715
spaces and now there are approximately 3,772 household spaces
in England (recent data from the Supporting People Programme).
In order to increase its efforts in this area, the Government
announced in December 2002 and April 2003 a capital investment
programme, managed through the Housing Corporation, to build and
develop refuges across England to help women and children fleeing
domestic violence. In 2003-04 the Government allocated £8.9
million towards refuge provision and the Housing Corporation is
investing £9.9 million. This package of £18.9 million
will be used by Registered Social Landlords in partnerships with
local refuge providers and local authorities to provide 273 units
of accommodation in all regions of England. The Government has
also committed a £7 million capital investment programme
through the Housing Corporation to extend the national network
of women's refuges in England. The Government is planning to invest
similar amounts over the course of the following two years. This
substantial funding package will facilitate women's access to
a place of safety when they most need it. In particular, it will
provide a stepping stone to a new home and a safer future for
many women.
Providing advice and support to victims
124. The Government has produced a leaflet
entitled Loves Me Not (previously Breaking the Chain)
that provides help and advice for domestic violence survivors.
The leaflet, updated in 2002, focuses on helping survivors to
recognise domestic violence and suggesting what action they can
take to protect themselves and contact help agencies.
Provision of funding to help support victims
125. Following a major review of current
knowledge and services through the Crime Reduction Programme on
domestic violence and rape and sexual assault, the findings of
the review formed the basis of £10.7 million in funding for
the development and evaluation of projects addressing domestic
violence, rape and sexual assault. A further £137 million
has been made available under the Safer Communities Fund that
identifies safe housing and support services for women and children
fleeing domestic violence as a priority.
126. In February 2003 the Government announced
a £14 million cash boost to help tackle domestic violence.
This three-year funding package will help the 376 Crime and Disorder
Reduction Partnerships across the country develop practical strategies
for dealing with domestic violence at a local level.
Strengthening legislation to bring abusers to justice
127. In 2002 the Home Office published and
invited comments on a Criminal Justice White Paper. This paper
sets out a range of possible measures: extending the use of restraining
orders; anonymity for victims in court; making breach of a non-molestation
order a criminal offence; better liaison between the civil and
criminal courts; and domestic violence murder reviews.
128. The Government will be publishing a
consultation paper in summer 2003, setting out proposals on preventing
domestic violence. These proposals will cover three broad aims:
(i) ensuring the safety of domestic violence
victims;
(ii) bringing offenders to justice; and
(iii) strengthening confidence in the criminal
justice system. A draft Bill on domestic violence will be published
later in the year.
Criminal justice procedures to deal with domestic
violence
129. The review and conduct of criminal
proceedings in England and Wales is the responsibility of the
Crown Prosecution Service (CPS). In November 2001, following extensive
consultation with the voluntary sector, the CPS issued a revised
policy on prosecuting cases of domestic violence. The new policy
focuses particularly on: victims' priorities (safety, support
and information); greater co-ordination between criminal proceedings
and civil proceedings; and constructing cases, wherever possible,
on the basis of evidence other than that of the victim.
130. To support the launch of the new policy
in November 2001, a new national Network of CPS Domestic Violence
Co-ordinators was set up. The CPS is divided into 42 areas across
England and Wales. Each of those areas has several prosecutors
who are particularly experienced in prosecuting domestic violence
cases. Now each area also has a Network Co-ordinating Prosecutor
who can share good practice with or identify problems and ask
for help from their Network colleagues across England and Wales.
They play an active role in inter-agency domestic violence fora
and their contact numbers can be given to external partners (such
as the voluntary sector) for effective and consistent local delivery
of national prosecuting policy.
Tackling rape and sexual assault
131. The Government launched a research
study on Rape and Sexual Assault of women: findings from the
British Crime Survey. The study demonstrates that sexual assault
is part of the wider problem of domestic violence. In view of
these findings, the Government is intensifying its efforts to
tackle this problem. The Government has put in place a range of
initiatives designed to address the criminal and civil law interface
and monitor the effectiveness of intervention measures.
Judiciary
132. All newly appointed part-time judges,
and all judges who are authorised to hear family cases, are required
to attend a residential induction course in the relevant jurisdiction
that include modules on domestic violence, with a view to ensuring
they are given the same attention and consideration as other cases.
Police Training
133. A national training product, Policing
domestic violence—a modular training programme, issued
in November 2002, is intended to provide a structured but flexible
approach to the delivery of domestic violence training within
the police service. Six modules have been produced: understanding
domestic violence; dealing with reports of domestic violence;
professional responses to domestic violence; domestic violence
and children; protecting victims and holding offenders accountable;
and co-ordinating police activity in relation to domestic violence.
Protection of the safety of children
134. The Government announced an amendment
to the Adoption and Children Bill. The amendment will make clear
that harm includes any harm a child may suffer or is at risk of
suffering as a result of witnessing the ill-treatment of another
person. Full implementation is anticipated by the end of 2004.
However, some elements such as the definition of "harm"
in relation to domestic violence are expected sooner.
Scotland
Family Law Act 1996
135. The Scottish Executive White Paper
Parents and Children was issued in September 2000 following
the 1999 consultation paper Improving Scottish Family Law.
The White Paper proposes to: reduce the periods of separation
constituting grounds for divorce to discourage acrimony in proceedings;
improve the protection of present and former partners against
domestic abuse; give rights to cohabitants to make a financial
claim on the cessation of the cohabitation either by separation
or the death of the other cohabitant; enable step-parents to obtain
Parental Responsibilities and Rights (PRRs) by registering an
agreement jointly with others already having PRRs; and to encourage
the involvement of unmarried fathers with their families, by giving
parental responsibilities and rights to fathers who in future
register the birth of a child jointly with the mother. This will
not apply retrospectively to allow some protection for the mother
and her family from potentially violent partners. A draft Bill
is expected during the course of the next Parliament, subject
to the views of Ministers.
136. Preventing Violence Against Women:
Action Across the Scottish Executive, published in October
2001, provides comprehensive information about how violence against
women is being tackled. The Scottish Partnership on Domestic Abuse,
established with a remit to recommend minimum standards and levels
of service for women experiencing domestic abuse, reported to
Scottish Ministers in November 2000 and produced a National Strategy
to Address Domestic Abuse in Scotland. The Scottish Executive
is committed to implementing the National Strategy and has established
a National Group to Address Domestic Abuse in Scotland with a
remit to oversee the implementation of the National Strategy;
identify and disseminate good practice; identify key issues and
develop a common national response; provide advice in relation
to monitoring data and the identification of the research required;
establish and oversee a structure of specific issue-based groups
and local multi-agency groups working with a coherent framework;
review and monitor progress against the Action Plan; and consider
links between domestic abuse and the wider issues of violence
against women.
137. The National Group is composed of key
experts in the field and is chaired by the Minister for Social
Justice. Its work is progressed through working groups, which
consider specific issues as prioritised by the National Group.
The Refuge Development Programme
138. The Scottish Executive has provided
£10 million through the Communities Scotland budget to build
or purchase new refuges or to adapt, extend and upgrade existing
ones over three years from April 2001. Ten projects began in 2001-02
and three projects in 2002-03. For the final year of the programme
16 projects in 14 local authority areas were given approval in
December to begin in April 2003.
The Domestic Abuse Service Development Fund
139. The Domestic Abuse Service Development
Fund started in April 2000. It provides £3 million a year
(£1.5 million from the Executive and £1.5 million matched
funding) for projects that carry forward the work in the National
Strategy at local level. Fifty-seven projects are currently being
supported.
Public Awareness Raising
140. Progress continues to be made in raising
awareness in Scotland. The Executive's Behind Closed Doors domestic
abuse campaign continued during 2001-02. In addition, the domestic
abuse website was improved and re-launched. A new television advertisement,
"Dolls House", was launched in December 2002. "Dolls
House" makes it clear how domestic abuse affects children
and carries a helpline number, open from 10 am to midnight seven
days a week.
Scottish Strategy for Victims
141. The Scottish Strategy for Victims
published in January 2001 aims to put all victims at the heart
of the criminal justice system. It seeks to ensure better support,
information and participation for all victims of crime, including
women. Work already undertaken includes:
(i) the publication of a victim information
leaflet in October 2001 and the launch of a Scottish Victims of
Crime website in August 2002;
(ii) the establishment, in 2002, of a Witness
Service in all 49 sheriff courts, which will be rolled out to
High Courts by August 2003;
(iii) the continuing roll out of a Victim
Information and Advice service as part of the Crown Office and
Procurator-Fiscal Service, to provide case-specific information
to witnesses and victims;
(iv) the publication of a progress report
against the Strategy objectives in February 2003; and
(v) the Law Society of Scotland issuing a
Code of Conduct setting out the responsibilities of solicitors
in relation to precognition of witnesses.
142. In addition, the Scottish Executive
published a policy statement in February 2003 which set out proposals
to help vulnerable witnesses give evidence in court. The Sexual
Offences (Procedure and Evidence) (Scotland) Act 2002 prohibits
an accused from personally questioning the complainer in sexual
offence cases and requires an accused in such cases to be legally
represented throughout the whole trial. And the Criminal Justice
(Scotland) Act 2003 includes provisions that seek to:
(i) pilot a victim statements scheme;
(ii) give victims of certain crimes the right
to be informed of the possible release of the offender from prison;
(iii) give victims of certain crimes the
right to make representations before any decision to release the
offender from prison is made and be told of the impending release
of the offender and about any special conditions attached to that
release which concern them; and
(iv) give the Police powers to pass information
about victims to prescribed victim support bodies.
143. The Scottish Executive is also improving
support for child witnesses throughout investigation and court
proceedings to reduce stress and improve their evidence.
Courts
144. In Scotland, nine courthouses currently
have fixed facilities that enable vulnerable witnesses to give
their evidence by live television link and five sets of mobile
equipment are also available. A project to introduce new technology
into all courtrooms that will allow electronic delivery of evidence
is underway and 43 refurbished court buildings now provide separate
rooms for children and other vulnerable witnesses. The High Court,
Glasgow has a "remote viewing" room where witnesses
who have given evidence are able to watch (and hear) the remainder
of the court proceedings using an internal CCTV link.
145. The Integration of Scottish Criminal
Justice Information Systems programme brings benefits to the Scottish
Criminal Justice system by automating information sharing and
exchange between the various agencies. This is done by a series
of IT linkages between the various computer systems, so that agreed
information can be passed electronically from one organisation
to another. This saves repeated data entry, increases speed and
improves quality, both of the data and the service provided, without
sacrificing confidentiality.
146. The result of these electronic exchanges
is that the information sent to the Scottish Criminal Records
Office (SCRO) is more accurate and outcomes of court proceedings
are updated more quickly—usually within 24 hours of the
hearing, guaranteed within three days.
Aggravators
147. When a case is reported to the Procurator-Fiscal
in Scotland an offence can have an aggravation code to allow a
case to be flagged up on SCRO. There are several aggravation codes
covering Domestic Abuse cases (Domestic Abuse, Domestic Abuse
whilst on Bail, Domestic Abuse Harassment, Domestic Abuse with
Sexual Aggravation, Domestic Abuse against a Child whilst on Bail,
Domestic Abuse against a Child).
Wales
148. The Welsh Assembly Government, established
in 1999, has devolved responsibility for health and social services
and child protection issues, and thus has responsibility to help
prevent domestic violence in Wales, and to provide care for its
victims. A multi-agency Working Group on Domestic Violence and
Violence against Women in Wales was set up in 2002 to come up
with proposals for new initiatives to help reduce domestic violence
and violence against women.
149. As a result, a comprehensive all Wales
Domestic Violence Strategy is to be developed, and a Task Group
is currently being formed to take this forward. A Guidance Manual
for schools is also to be developed. This will be aimed at pupils,
but will also provide guidance for teachers and support staff
in recognising and understanding children and young people who
are victims of domestic violence.
150. The level of Assembly Government funding
for domestic violence projects has risen to £1.4 million
for the year 2003-04. Eleven domestic violence projects are to
receive funding, and a helpline is also to be funded for victims
of domestic violence.
151. The National Assembly for Wales commissioned
a study of reports received from Area Child Protection Committees
on cases where a child has died and where abuse or neglect are
known or suspected to be a factor. The objectives of the research
were to:
(i) identify recurring themes in the reports
including any that have not been adequately addressed since the
previous review;
(ii) consider the action plans arising from
reports and assess the relative effectiveness of proposed actions;
(iii) highlight any actions which should
be taken to address issues raised by the reports; and
(iv) highlight examples of good practice
that might be disseminated to agencies across Wales.
The report was issued in December 2002.
152. The National Assembly has also commissioned
research into patterns of child protection registrations in Wales.
The research report should be available in 2003-04.
Northern Ireland
153. Civil law remedies for domestic violence
are contained in the Family Homes and Domestic Violence (Northern
Ireland) Order 1998. This is a progressive piece of legislation
which allows wide categories of individuals to benefit from the
protections offered by the provisions of the Order.
154. The 1998 Order creates the non-molestation
order which gives protection to an applicant against a perpetrator
of domestic violence or abuse, and the occupation order which
regulates the occupation of the family home. Breach of a non-molestation
order is an arrestable offence, with a maximum tariff of six months'
imprisonment upon summary conviction.
155. The 1998 Order also promotes the importance
of considering the effect of domestic violence on children who
are the subject of proceedings for contact and residence under
the Children (NI) Order 1995. Where there is a history of domestic
violence, the court must take that into account when dealing with
article 8 issues.
156. A review of the legislation is currently
being undertaken by the Office of Law Reform, a directorate within
the Department of Finance and Personnel. Consultation has been
carried out with key stakeholders with a view to ensuring that
the legislation is operating well in practice now that the provisions
have had time to bed in.
Isle of Man
157. The Isle of Man Government deplores
domestic violence. It will continue its efforts to combat domestic
violence and provide help and support to its victims wherever
possible.
St Helena
158. There is a joint Police policy and
referral to Social Works for support and follow up, ie counselling.
However, there are currently no dedicated refuge facilities and
no temporary accommodation available for partners and their children
wishing to leave abusive relationships.
POVERTY AND
SOCIAL EXCLUSION
The Concluding Observations urged the UK
to address the problem of poverty and social exclusion as a matter
of high priority, with special focus on the needs of marginalised
and vulnerable groups.
159. The Government regards the fight against
poverty and social exclusion as central to its entire programme.
This, in turn, will contribute to the European Union's long-term
goal that there should be a decisive impact on the eradication
of poverty, across Europe, by 2010. Tackling the roots of social
exclusion—in particular, discrimination and inequality—are
vital, as is addressing barriers to work.
160. The many strands of the Government's
anti-poverty and exclusion strategy are reflected in a biennial
National Action Plan that draws impetus from the Common Objectives
agreed by the Nice European Council (December 2000):
(i) to facilitate participation in employment
and access by all to resources, rights, goods and services;
(ii) to prevent the risks of exclusion;
(iii) to help the most vulnerable; and
(iv) to mobilise all relevant bodies.
Analysis of Poverty and Social Exclusion in the UK
161. Poverty and social exclusion are complex
and multidimensional. While household income clearly has an important
impact on well-being, there are many other factors that can exacerbate
or alleviate social exclusion. Depending on the circumstances
of each different household, education, housing, health and employment
status may have a role to play. Furthermore, individuals are influenced
by what sort of neighbourhood they live in, and whether they feel
safe from crime or antisocial behaviour.
Main Groups of People at Risk
162. Certain groups are often at a particular
disadvantage. For example, people from ethnic minority communities
are nearly twice as likely to be living in a low-income household
as the general population. Children and people with disabilities
also face a significantly higher risk of low income.
163. Women are still over represented in
low income figures and have lower employment rates than men. These
disadvantages partly stem from the fact that women are much more
likely than men to be living with dependent children. Also, women
form a majority of the single pensioner population, with particular
problems caused by long periods of low income or dependency in
the past. The Government is looking at ways of investigating distribution
of income within households to clarify the gender analysis.
164. People from some ethnic minority backgrounds
still face substantial disadvantage in certain areas. For example,
twice as many Pakistani/Bangladeshi women have no educational
qualifications compared to the national average for women. People
from ethnic minorities experience considerable additional unemployment
risks and earnings gaps and these inevitably lead to material
disadvantage. Over 60% of working-age adults from Pakistani or
Bangladeshi backgrounds are in low income.
165. The employment rate for people with
a disability is significantly below the level for the wider population.
This labour market disadvantage feeds through to the low income
figures where households containing someone who is disabled are
over represented—the risk of being in low income for a working-age
person living in a household that contains a disabled person is
twice the overall risk.
Key Risks and Other Priorities
166. Although there may be no single reason
driving social exclusion, some key risks have disproportionate
impact. These risks can have longer-term implications, at worst
transmitting from generation to generation.
Risk: Child Poverty
167. The Government has the following Public
Service Agreement target:
"To reduce the number of children in
low-income households by at least a quarter by 2004, as a contribution
towards the broader target of halving child poverty by 2010 and
eradicating it by 2020".
168. Children are particularly at risk of
low income. But there have been significant falls, particularly
in recent years, of "absolute" child poverty, ie the
proportion of children below various income thresholds held constant
in real terms. Children in single-parent families remain much
more likely to live in low-income households than those living
in families with two adults (although this risk has reduced over
recent years). Children in workless families were much more likely
to live in low-income households than those with one or more adults
in full-time work. And low income in childhood can be at the root
of many of the cycles of deprivation:
(i) difficulties in early years can lead
to poor educational attainment;
(ii) lack of educational attainment can make
adjusting to adult life—especially getting a decent job
more difficult;
(iii) lack of job skills leads to unemployment/low
earnings;
(iv) leads to poor prospects in old age.
Risk: Worklessness
169. Another key theme of low income is
the issue of worklessness, and an exploration of the links between
worklessness and poverty. Work remains the best route out of poverty
for most people of working age and their families, and is the
best safeguard against subsequent poverty in old age. People who
are not in work have a much higher risk of being in low income.
And income is not the sole benefit of working. Research shows,
for example, the adverse impact of unemployment on health. Work
may also provide people with a social network that can combat
and prevent exclusion.
170. The proportion of working-age people
in workless households doubled between 1979 and the mid-1990s.
The latest EU-level comparable indicators reveal that whilst the
UK continues to enjoy high relative levels of employment and relatively
low long-term unemployment (for both women and men), it also has
high relative levels of people living in workless households.
In the UK, worklessness is concentrated in particular household
structures.
171. Worklessness is not the same as unemployment,
and is now a far more significant driver of social exclusion.
Although unemployment rates in the late 1990s were, broadly, similar
to those in the late 1970s, significantly higher numbers of people
found themselves living with relatively low income in the latter
period:. The key difference is the large rise in people who are
neither in paid employment, living with somebody in paid employment,
nor actively seeking work. It is for this reason that tracking
changes to the proportion of people living in "workless households"
is such an important indicator of progress for the UK. It is clear
that these levels of worklessness at least partly reflect fundamental
societal changes over recent decades. For example:
(i) there is a greater likelihood in the
UK for partners either to be both in work or both inactive;
(ii) there has been a significant increase
in lone parenthood—with mothers predominantly remaining
the parent with care of the children. Whilst the lone-parent employment
rate has risen since 1997 from around 46% to 54%, it remains significantly
below that of partnered mothers—71%.
172. Insofar as these changes may be more
strongly pronounced in the UK than in many other Member States,
some degree of caution must therefore be exercised when comparing
UK outcomes, eg in terms of low incomes, with those reported elsewhere.
Risk: Living With Persistent Low Income
173. Low income is often a short or medium-term
phenomenon for people experiencing it. But some people find themselves
having to manage for long periods within low-income households,
significantly compounding the impact on life chances of low income
generally. In 1999, 11% of the UK population had been living in
a low-income household for at least two out of the preceding three
years. These will in practice constitute the bulk of most disadvantaged
and marginalised individuals in our society. Single pensioners,
those living in single parent families, workless households, the
social rented sector or those with no qualifications were more
likely to experience persistent low income.
Improving Employment Opportunities for People From
Ethnic Minority Backgrounds
174. There is a wide variety of experience
of the labour market within ethnic minority groups. For example,
Pakistani and Bangladeshi women have an average employment rate
of around 25%, compared to a rate of over 70% for white women.
Whilst at the other extreme Indian men between 25 and 44 years
of age have an employment rate of around 90%, as high as their
white counterparts.
175. A number of measures have been put
in place since 1997 to help improve the chances of people from
ethnic minority groups in the labour market. For instance, the
New Deal for Young People was the first employment programme proactively
to promote equality of opportunity and outcome and adopt a strategy
to help overcome the barriers faced by ethnic minority young people.
Employment Zones have a special remit to help address local barriers
to work, including those faced by ethnic minority participants.
Action Teams for Jobs have people from ethnic minority groups
as one of their target groups to help.
176. In addition to these initiatives, in
April 2002 Jobcentre Plus launched a new outreach service. Its
aim is to engage more effectively with people from ethnic minority
groups and strengthen the support available to those who may need
help with their transition into employment. The service will work
with ethnic minority groups to produce new, innovative community-based
ways of helping people overcome the barriers to work and encourage
more of them to make use of mainstream services. It will be delivered
by organisations that have demonstrated their knowledge of and
ability to work effectively with ethnic minority communities and
help people move into work.
177. One of the key indicators of progress
is the employment rate of ethnic minority people and the gap between
this rate and the overall employment rate. Since 1998, the Government's
baseline year, the employment rate for ethnic minority people
has risen from 57.3% to 58.3%. The gap between this rate and the
overall employment rate has been fairly stable over this period
and now stands at 16.3%. A Public Service Agreement target for
narrowing the gap aims to ensure progress.
Improving Employment Opportunities for People with
Disabilities
178. People with disabilities are nearly
eight times as likely as those without to be out of work and claiming
benefits. There are over 2.6 million disabled people out of work
and on benefits. Over a million of them want to work.
179. Active labour market policies are vital
to the Government welfare reform strategy. As the emphasis shifts
from unemployment to tackling economic inactivity, enabling people
with disabilities to find and retain work becomes a critical factor
in the success of the strategy.
180. Changes are being implemented on a
number of fronts to reflect the multiple barriers that disabled
people face in getting and keeping work. Benefits rules are being
made more flexible to allow work where possible, incentives to
move into work are being improved and the civil rights of disabled
people are being strengthened through legislation and awareness
raising. The Government also needs to provide the encouragement
and support to people with disabilities to improve their expectations
and provide them with the confidence to succeed.
181. New Deal for Disabled People (NDDP)
is voluntary, and gives people on incapacity benefits access to
a network of innovative Job Brokers. These Job Brokers work with
the individuals, to help them understand and compete in the labour
market and support them in finding and keeping employment. They
agree with each customer what is the most appropriate route into
work for them. Job Brokers work closely with providers of training,
disability-specific support services, welfare rights organisations
and the Citizens Advice Bureau to ensure individual customer needs
are met.
Security in Later Life
182. Despite rising average pensioner incomes
since 1979, improvements have not been evenly distributed. Incomes
of those pensioners at the bottom end of the distribution have
risen by far less than for those pensioners at the top.
183. The real growth for pensioner couples
in the bottom quintile of the net income distribution was 34%
between 1979 and 1996-97, on the before housing costs measure,
31% on the after housing costs measure. For the top quintile,
the figures were 80% and 93% respectively. The overall mean figures
were 60% and 69% respectively.
Tackling Low Income
184. In 1997 the Government established
a priority to address the low incomes amongst current pensioners
and subsequently put in place the Minimum Income Guarantee. The
Government also recognised the need to tackle the unfairness of
a system which did not reward saving. It developed Pension Credit,
which will replace Minimum Income Guarantee from October 2003.
In addition, the Government is determined to maintain a strong
and stable economy which keeps inflation low. This will ensure
that today's pensioners who have an annuity do not see its value
eroded too quickly.
185. The receipt of non-state pensions and
other investment income explains much of the difference in income
between the better-off and the poorest pensioners. For future
pensioners, therefore, the Government's priority is to encourage
more people to save for their retirement.
186. To achieve this, the Government is
reforming the pensions system through introducing the State Second
Pension and stakeholder pensions, giving people better information
about their pensions entitlements so that they can make better-informed
decisions about saving, and ensuring that the right incentives
to save are in place.
Tackling Discrimination
187. Laws that provide protection against
discrimination on the grounds of gender, race and disability are
well established. However, people who are most at risk of discrimination
are still more likely to suffer social exclusion and the Government
aims to ensure that others are protected from prejudice in the
labour market and in society more widely. This means not only
having in place the right legal structure but also creating a
culture that questions attitudes and ensures that people can prosper
because of their skills and abilities.
Tackling Racial Discrimination
188. The Government is committed to making
sure that all its programmes and public services are sensitive
to and address the needs of, ethnic minority people. A significant
development for the promotion of race equality in the public sector
will be the revised legislative framework currently being put
in place as a result of the Race Relations (Amendment) Act 2000.
In preparation for the Act coming into force, all Government Departments
developed training programmes for their staff which covered the
facts about the Act and the culture and philosophy behind it.
By providing a set of basic values the Act also plays an important
part in the agenda of social inclusion.
Tackling Discrimination Against People With Disabilities
189. The Government has continued progress
on its programme to secure comprehensive and enforceable civil
rights for people with disabilities. This includes ending many
of the anomalies and weaknesses in the Disability Discrimination
Act (DDA) by, for example, establishing the Disability Rights
Commission in 2000 and introducing the Special Educational Needs
and Disability Act, which provides civil rights protections for
children with disabilities and adults seeking access to education.
Northern Ireland
190. New Targeting Social Need (New TSN)
is the Northern Ireland Executive's main policy for tackling poverty
and social exclusion. It has influenced and shaped the Programme
for Government, being built into the Executive's priority areas
such as Growing as a Community, Investing in Education and Skills,
and Securing a Competitive Economy.
191. New TSN aims to tackle poverty, social
need and social exclusion by targeting efforts and available resources
towards people, groups and areas in greatest social need. This
means Government Departments using more of their resources to
benefit the most disadvantaged people, groups and areas. It is
also about changing the way things are done so that programmes
and services are organised and delivered in ways which are more
helpful to disadvantaged people.
192. The New TSN policy is being advanced
through three complementary elements: tackling unemployment and
increasing employability; tackling inequality in other policy
areas such as health, housing and education; and Promoting Social
Inclusion (PSI).
193. PSI involves Departments working together
and with their partners outside Government to improve and enhance
the circumstances of those at risk of social exclusion by identifying
and tackling factors which can contribute to social exclusion,
and which are best dealt with in a co-ordinated way. Initiatives
have involved Travellers, Ethnic Minority People, and Teenage
Parenthood. As strategies and Action Plans are finalised, new
priority areas have been identified. These include Older People,
People with Disabilities, Homelessness, Carers and Mental Health.
Included in the Working Groups established will be people directly
concerned within the priority areas selected, or their representatives.
194. In 2001 the Executive signalled its
commitment to the policy by making it a central feature of the
Programme for Government. The Executive highlighted five priority
areas for action. "Growing as a Community" is one of
these priority areas and includes a commitment to focus on:
(i) the promotion of equality and human rights;
(ii) tackling poverty and social disadvantage;
(iii) the renewal of the most deprived neighbourhoods;
(iv) sustaining and enhancing local communities,
particularly in the most disadvantaged urban and rural areas;
and
(v) improving community relations and tackling
the divisions in society.
195. The first three-year New TSN Action
Plans cover all areas of each Department's business to which New
TSN is relevant. Much of the initial work set out in Action Plans
involves putting into place the necessary systems and activities
which will lead to effective implementation of the policy. Action
initiated by Departments at this early stage of implementation
will need time to take effect, and more steps are being taken.
Major actions and targets have been integrated into the Programme
for Government, which sets out priorities to 2005.
196. Monitoring was built into the Action
Plans process. Departments stated what they were going to monitor
and when. In addition, all aspects of Action Plans are monitored
internally by Departments and centrally through the New TSN Unit.
Departments provide update reports on all objectives and a report
on selected significant actions which are in turn provided to
the Executive for consideration. The Executive made clear that
they would monitor the achievement of objectives and developments
regarding integrating New TSN into policies, programmes and strategies.
197. The Ministers of the Office of the
First Minister and Deputy First Minister (OFMDFM) have responsibility
for the promotion of New TSN and review of progress within the
Executive. Departmental Ministers are responsible for the delivery
of New TSN within their respective areas. They made clear their
individual commitment to delivering on New TSN in prefaces of
the Action Plans of their respective Departments, published in
Making it Work.
198. The Executive Committee closely monitors
progress on the implementation of all New TSN Action Plans through
regular progress reports. Every Department thoroughly reviews
its Action Plan every year and updates it to take account of progress,
building in new targets to follow those completed. The Executive
is also committed to publishing a New TSN Annual Report.
199. Aware of the long-term aspects of its
New TSN policy, the Executive asked that an interim evaluation
of New TSN be undertaken by the end of 2002, in order that the
outcomes can be considered and inform future thinking on the policy
and its implementation.
200. The consultants presented an interim
evaluation report in December. The summary document of the outcome
of the Evaluation of New TSN was received on 11 March 2003. This
will now be the subject of discussion within Northern Ireland
Departments through the Equality and Social Needs Steering Group
and by the Independent Evaluation Advisory Panel who will be asked
to comment before specific recommendations on any specific policy
changes are made to the Minister.
201. New TSN contributes to the United Kingdom
Government's anti-poverty strategy. The series of reports Opportunity
for All, to which OFMDFM contributes, detail progress towards
the UK Government's long-term strategy to tackle poverty and social
exclusion, and illustrates the measures designed to help communities
that have suffered disadvantage and deprivation. The reports also
highlight future commitments and look forward to future developments.
Gender Issues
202. OFMDFM are committed in the Programme
for Government to bring forward, consult and implement a cross-departmental
gender equality strategy. This will complement and strengthen
the work already being done in line with the Statutory Duty under
Section 75 of the Northern Ireland Act 1998.
203. Whilst unscheduled work on funding
to women's organisations and extended informal consultations sought
by NGOs has resulted in slippage, work on the development of the
strategy has advanced on a number of fronts:
(i) a consultation seminar involving voluntary
agencies and departments to gather views on key issues has been
held followed up by a series of meetings with relevant voluntary
agencies;
(ii) bilateral discussions on the Gender
Issues Paper which sets out the structure of the strategy are
ongoing with Departments, the community and voluntary sectors;
and
(iii) further informal consultation in summer
2003 will involve representative organisations including the Equality
Commission and will provide an opportunity to consider more fully
the scope of the strategy.
204. OFMDFM will initiate full formal public
consultation on the draft strategy, including the Equality Impact
Assessment, before final decisions are made following which a
paper will be sent to Ministers for their consideration and approval.
Older People
205. As a result of a consultation exercise
on future issues to be addressed through the Promoting Social
Inclusion initiative of New TSN, a commitment was given in the
Programme for Government that OFMDFM would establish a Working
Group to consider the factors that cause Older People to be at
risk of exclusion. The Group will develop a co-ordinated, joined-up
strategy through which the relevant agencies will work together
to tackle these factors.
206. The Working Group is made up of representatives
from NI Departments, the wider public sector, the voluntary sector
and organisations representing Older People such as; Help the
Aged, Age Concern and the Age Sector Reference Group.
207. The Working Group held a conference
in March 2003 to explore the issues affecting Older People. Over
100 people attended for the statutory, community and voluntary
sectors. The issues raised will inform the development of the
strategy.
Ethnic Minorities
208. In fulfilling its Programme for Government
commitment, the NI Executive has developed a policy to tackle
racial inequality with the assistance of Departments, statutory
agencies, including the Equality Commission, and voluntary bodies
through the PSI Working Group on Minority Ethnic People. The voluntary
agencies represented on the group are NI Council for Ethnic Minorities,
Chinese Welfare Association, Indian Community Centre and Multi-Cultural
Resource Centre. The aim is to publish the final strategy, including
the implementation Action Plan, before the end of 2003. It was
issued for a full public consultation in February 2003 to ensure
that everyone has an opportunity to contribute to the development
of the final strategy. The public consultation will also include
consultation with minority ethnic communities facilitated by the
voluntary and community sector.
209. Some of the recommendations of the
Working Group have already been implemented with the establishment
of a Race Equality Unit and a fund in support of minority ethnic
groups and projects.
Disability
210. The Programme for Government committed
OFMDFM during 2002 to develop a strategy to implement the (former)
NI Executive's response to the Disability Rights Task Force Recommendations
to bring about improved rights for people with disabilities.
211. Following Executive approval of high-level
terms of Reference for the PSI priority, nominations were sought
from Departments and the Equality Commission for NI to join an
interdepartmental working group to drive forward the work. Where
issues arose that had not already been considered by the Executive,
eg Barriers to Services and Equipment, they should be subject
to further discussion with relevant groups including representatives
from those affected groups.
European Year of People with Disabilities 2003
212. The Council of Ministers designated
2003 as "The European Year of People with Disabilities (EYPD)".
The objectives for the European Year, as listed in the European
Council Article, are to:
(i) raise awareness of the rights of disabled
people;
(ii) encourage reflection and discussion
on equal opportunities;
(iii) promote exchange and good practice;
(iv) reinforce co-operation between all parties;
(v) highlight the positive contribution of
disabled people to society;
(vi) raise awareness of the diversity of
disabled people;
(vii) raise awareness of multiple discrimination.
UK Theme
213. The UK Theme for the year is "Promote
Rights and Participation", with sub-themes:
(i) Raising Awareness of Disability;
(ii) Participation of Disabled People in
Society; and
(iii) Promoting Advocacy/Mentoring in support
of the main theme.
214. Each EU Member State is free to develop
its own theme for the Year, and is expected to develop a programme
of activities and initiatives to celebrate and mark the Year,
and to further their themes.
215. The Northern Ireland Regional Steering
Group, chaired by the Head of the Equality and Social Need Division,
aims to promote and develop a successful programme of activities
within Northern Ireland for the European Year of People with Disabilities
2003, in line with the strategy set out by the Department for
Work and Pensions National Co-ordinating Committee and Government
Steering Group.
216. Activities planned for the Year include:
(i) an official launch which took place in
January in Belfast;
(ii) an NI Grants Scheme of £100k;
(iii) regional events in the autumn and in
December on issues such as employment and training, and access
to the Arts;
(iv) a NI Host Towns Programme for the World
Special Olympics, building on the EU Trailer as a promotional
vehicle;
(v) events in June 2003 across NI to coincide
with the Special Olympics; and
(vi) an NI-wide publicity campaign targeting
the business sector, key stakeholders, the general public and
voluntary/statutory bodies on a range of relevant disability issues,
including access to services, employment, training, language,
accessibility of information and websites.
Scotland
217. Through its Social Justice strategy,
the Scottish Executive is contributing to the UK's commitment
to address the problem of poverty and social exclusion as a matter
of high priority, with special focus on the needs of marginalised
and vulnerable groups. Social Justice is about reducing inequalities
between the least advantaged and the rest of society by closing
the opportunity gap and ensuring that support reaches those who
need it most. Closing the Opportunity Gap: Scottish Budget for
2003-06 sets out in detail, by Ministerial portfolio, with objectives
and targets, how the Executive plans will tackle poverty, build
strong, safe communities, and create a fair, equal Scotland where
rights for all is the by word.
Wales
218. In Wales, social inclusion is a guiding
theme for the work of the Welsh Assembly Government alongside
its commitment to equality and sustainable development. In its
first term the Assembly Government has been committed to combating
poverty and bridging the gap between the most deprived communities
in Wales and the more affluent ones.
219. The Welsh Assembly Government reports
regularly on what it is achieving in tackling poverty and social
disadvantage through its Annual Report on Social Inclusion in
Wales. This provides an analysis of the current situation in each
of the relevant policy and programme areas; sets out activities
aimed at improvement; and details targets against which progress
can be tracked. The Annual Report looks, for example, at programmes
such as Communities First, which have social inclusion as their
main aim, as well as those which seek to improve health and support
vulnerable people. The Report also sets out a number of positive
steps the Assembly Government is taking to promote equality of
opportunity in Wales, including action to reduce inequalities
and increase engagement with marginalised groups.
Isle of Man
220. The Isle of Man Government's policies
are intended to improve the quality of life and social well-being
of all the Island's people. Social Inclusion is one of the sectors
that is being examined by the British-Irish Council in which the
Isle of Man Government plays a full part.
St Helena
221. While there is no abject poverty, there
are families who are in receipt of low incomes for which there
is a safety net provided by the Employment and Social Security
Department in the form of benefits. Policies pertaining to elderly
care in the community help reduce social exclusion by providing
monthly day outings at community centres and visits to isolated
elderly people by Social Work staff and non-Government personnel.
There is also provision of a Home Help service and allowances
to encourage family support. Through these policies, elderly people
are consulted regularly on their needs and services that might
be required.
222. With regard to young people, the recently
approved "New Horizons" youth project will provide an
island-wide service for all young people from 11 to 21 years old.
The project will cover child rights and education on human rights
and will seek to provide for a youth parliament/council.
223. The Probation Service for offenders
seeks to rehabilitate and integrate offenders into the community,
including into employment. It also aims to tackle discrimination
of people as a result of their offending history and provides
community service orders and other non-custodial options for the
court.
224. The Social Work Services regularly
seeks the views of all service users and advocates creation of
and support for NGOs and other community support groups on behalf
of vulnerable groups. It seeks to apply citizen's rights, eg child
protection.
HOMELESSNESS
The Concluding Observations recommended that
the UK should ensure availability of adequate health care to homeless
people, and that there should be particular attention given to
homelessness amongst vulnerable groups, including ethnic minorities.
England
225. In March 2002 the Homelessness Directorate
was established to investigate the underlying causes and trends
of homelessness, collect information more effectively, and test
new and innovative approaches that can be taken to reduce and
prevent homelessness. In particular, the Government is taking
forward a challenging new approach to tackling homelessness that
focuses as much on the problems homeless people face as the places
they live. This approach was set out in the Government's March
2002 publication More than a roof.
226. Investment of £125 million in
2002-03, together with changes to Housing Benefit subsidies, are
helping local authorities support new approaches that help people
tackle the problems that are making and keeping them homeless.
These include helping them rebuild relationships with their family,
access training or employment, overcome debt, or address their
physical or mental health needs. Most importantly, the programmes
are providing immediate practical help to local authorities in
reducing use of poor quality bed and breakfast accommodation and
ensuring that they can meet the target that no family with children
should be placed in bed and breakfast accommodation (except in
an emergency and only for a maximum of six weeks) after 31 March
2004. Targeted work is also being maintained on rough sleeping
to ensure that the numbers of people on the streets continues
to reduce.
Health
227. Key documents from the Homelessness
Directorate (such as Homelessness Code of Guidance for local
authorities (July 2002) and Homelessness Strategies: a
good practice handbook (February 2002) stress the need for
links to be made between local authorities and health agencies
such as Primary Care Trusts (PCTs) as part of the local homelessness
review and strategy. Homelessness encompasses a broad range of
people with a wide range of housing and health requirements. Rough
sleepers, in particular, face some of the most difficult circumstances
and may have the most entrenched and problematic health problems.
Families accepted as homeless and placed in temporary accommodation
by a local housing authority may face different health problems
associated with poor housing standards and difficulty in maintaining
contact with health and social services.
228. The Homelessness Directorate has seconded
a specialist health advisor to inform its work on health and homelessness.
In particular, the advisor meets local authorities to ensure that
they are aware of the health needs of homeless people—including
homeless children—and with PCTs and health bodies to ensure
that they are making the links with local authorities and homelessness
strategies. The advisor works to promote good practice and to
inform the Government of ways in which the health needs of homeless
people can be better met.
229. Last year the Homelessness Directorate
published a paper, Addressing the health needs of rough sleepers.
Whilst the paper focuses on rough sleepers, many of the points
raised in the paper are relevant for other groups of homeless
people. The paper highlights the multiple needs of rough sleepers
and the fact that poor health can be caused by homelessness, can
lead to homelessness, and can be exacerbated by homelessness.
The paper found that in the key rough sleeping areas outside London,
100% of the health authorities had specialist health provision
for rough sleepers. In London, 78% of health authorities had specialist
health provision for rough sleepers. Referral links were identified
between health authorities and homelessness agencies in over 70%
of the responses from health authorities. The paper recommends
some ways in which services can be improved further—such
as establishing links between homelessness strategies and PCTs'
strategic planning documents and mainstreaming the health needs
of homeless people. The Office of the Deputy Prime Minister (ODPM)
and Department of Health are working on these recommendations.
230. The Directorate has also been working
closely with Drug Action Teams and local authorities across the
country to ensure that the specialist health needs of homeless
people with drug misuse problems are addressed in service commissioning.
The Directorate has funded targeted specialist services aimed
at providing access for rough sleepers with substance misuse needs,
for example through specialist substance misuse units within key
hostels. The ODPM, in conjunction with the Home Office, Department
of Health and National Treatment Agency, has also published a
good practice handbook to enable Drug Action Teams and local authorities
understand how to provide effective services for homeless people
who misuse drugs.
231. In some areas such as central London,
it has been necessary for the Homelessness Directorate to fund
specialist outreach teams to work with the most vulnerable rough
sleepers with mental health problems, providing them with appropriate
treatment and support. This has been done in close partnership
with the local social services and health authorities. For example,
in Westminster, the Joint Homelessness Team provides outreach
services for rough sleepers who also have mental health problems.
232. Vulnerable groups, including homeless
people, are a top-line priority in the Government's new health
inequalities strategy. The strategy, published in November, aims
to narrow the health gap between disadvantaged groups and areas
and the rest of the population. A delivery plan, setting out how
Government and its partners will achieve this goal, will be published
in 2003 and is likely to include amongst its national headline
targets, work being done to reduce the number of families with
children in temporary accommodation. Homeless families in temporary
accommodation can suffer from great health inequalities due to
cramped and poor standards of housing, difficulty accessing GPs
and social services, and poor diet from a lack of cooking facilities.
Children, in particular, can suffer developmental difficulties
and mental health problems. Work to reduce the number of families
in this situation will also have the added benefit of improving
their health.
233. The Department of Health has established
a network of 42 NHS walk-in centres around the country. These
offer quick and convenient access to a range of NHS services.
The responsibility for the centres has now been devolved to Primary
Care Trusts. As well as providing a core health service, the centres
are helping to improve access for specific groups with particular
needs, including homeless people, students, refugees and asylum
seekers.
234. In addition, 86 Personal Medical Service
schemes (as at October 2002), which are administered through PCTs,
provide dedicated health services for vulnerable people, such
as rough sleepers and homeless people. These schemes enable primary
healthcare to be delivered effectively and appropriately to people
who may have more chaotic lifestyles, who may need longer appointment
times, who have specialist needs, or who are unable or unwilling
to register with mainstream services. The Department of Health
continues to remind GPs that people do not need a permanent address
in order to register. A note to this effect was included in a
March 2003 edition of GP Bulletin.
235. In January 2003 the Department of Health
issued a good practice guide, Discharge from Hospital: pathway,
process and practice, to assist staff in hospitals to ensure
that when people leave hospital it is at the appropriate time
and in the most appropriate way. The handbook includes reference
to the issues of homelessness and encourages staff in hospitals
to identify early on if there are likely to be problems of homelessness
for a patient at the point of discharge, and then to work with
the local authority to find suitable accommodation for that person.
This helps to avoid people becoming homeless in the first place,
due to ill health.
Vulnerable groups, including people from black and
minority ethnic groups
236. The Government is very concerned about
the causes and effects of homelessness amongst vulnerable groups
of people, such as those from black and minority ethnic (BME)
groups. The Homelessness (Priority Need for Accommodation) Order
2002, which came into force in July 2002 widened the groups of
homeless applicants who have a priority need for accommodation.
Prior to the Order, the priority need groups were:
(i) families with dependent children or someone
who is pregnant;
(ii) people who are vulnerable in some way
(for example, due to old age, or mental or physical disability);
and
(iii) people who are homeless as a result
of a disaster.
237. The groups that have been added are:
(i) homeless 16 and 17 year olds (except
those for whom a council has responsibility under the Children
(Leaving Care) Act 2000);
(ii) care leavers aged 18-20, and older care
leavers who the council consider are vulnerable as a result of
their care background;
(iii) people the council considers are vulnerable
as a result of fleeing violence or threats of violence; and
(iv) people the council considers are vulnerable
as a result of spending time in the armed forces or serving a
prison sentence.
238. Councils must ensure that suitable
short-term accommodation is available for people who fall in these
groups, if they have become homeless through no fault of their
own.
239. The Government has therefore strengthened
the safety net for people who are vulnerable and homeless. Moreover,
the new requirement in the Homelessness Act 2002 for local housing
authorities to take a more strategic approach to tackling homelessness
by carrying out a review of homelessness in their district and
adopting a homelessness strategy based on the review, should help
to identify particular groups in that area who are vulnerable
and homeless, or at risk of homelessness.
240. The Homelessness Directorate publishes
quarterly statistics on local authorities' activities under the
homelessness legislation. In September 2002, for the first time,
figures on the ethnic background of homeless households were published.
These show that BME communities are over represented among those
accepted as statutorily homeless. Of the 31,470 households accepted
for rehousing in the quarter October-December 2002, 25% were from
a black or ethnic minority background. Nationally, around 8% of
the population is from black and minority ethnic backgrounds.
241. The Government is keen to understand
more about the reasons for homelessness amongst BME groups. It
has commissioned a research project to look at the causes of homelessness
amongst different ethnic minority groups. Good practice will form
a part of this research. In addition, the Directorate is:
(i) supporting services that prevent and
tackle homelessness in BME groups reinforcing the messages in
its care leavers good practice handbook to help voluntary agencies
and local authorities develop effective care leaving strategies
to help care leavers from BME groups;
(ii) running a series of high profile seminars
in partnership with Faith Regen UK to support engagement of BME
and faith communities.
242. Much work is being done to help other
vulnerable groups who can be at risk of homelessness. The Directorate
is funding many schemes to ensure that, for example, people leaving
prison, social services care, or the armed services are given
the support and advice that they need both prior to their departure,
and also once they are living independently. Housing benefit forms
have been simplified and improved for some vulnerable groups.
Supporting People funding is ensuring that the long term accommodation-related
support (such as tenancy sustainment) is available for these groups
of people. Plus other schemes, such as training, meaningful occupation
and work placements are being promoted for those who would benefit
from them.
Scotland
243. In 1999 the Scottish Executive established
a Homelessness Task Force comprising key central and local government
representatives as well as members from the voluntary and academic
sectors. Its remit was to examine the causes and nature of homelessness
in Scotland; to make recommendations on how best to prevent homelessness;
and where it does occur, tackle it effectively. It published its
final report in February 2002 and made 59 recommendations all
of which have been accepted by the Executive and by the Scottish
Parliament. Legislative recommendations have been taken forward
through the Housing (Scotland) Act 2001 and the Homelessness etc.
(Scotland) Act 2003. Others are being progressed under the direction
of the Homelessness Monitoring Group, the successor body to the
Task Force.
Homelessness amongst vulnerable groups, including
ethnic minorities
244. Under the Housing (Scotland) Act 2001
all local authorities are required to produce homelessness strategies.
Guidance on strategies issued by the Executive in 2002, and drawing
on the recommendations of the Homelessness Task Force, emphasised
the need to ensure groups at risk should receive advice and support
appropriate to their circumstances. The guidance specifically
highlighted those leaving institutions; young people; children
and families; and refugees. One of the underpinning principles
of the strategies is to "Ensure that equal opportunities
are implemented at each stage of the process and embrace diversity,
being flexible and responding to the different needs and service
requirements of people regardless of sex, race, colour, disability,
age, creed, marital status, ethnic origin, sexual orientation
or gender re-assignment".
Health
245. The specific health-related recommendations
of the Homelessness Task Force are being taken forward through
the development of Health and Homelessness Action Plans. Health
and Homelessness Guidance, issued in September 2001, required
NHS Boards to submit Health and Homelessness Action Plans which
would outline all planned activity in each Board area to address
the health needs of homeless people. Action Plans will integrate
with Local Authorities' Homelessness Strategies and Local Health
Plans.
246. A health and homelessness website has
been established to bring together a range of information about
current and planned activity in Scotland to meet the health and
healthcare needs of homeless people. It includes on it all Action
Plans which are currently being implemented.
247. Research into national and international
examples of effective practice in delivering healthcare to homeless
people is being developed. The draft findings will be used to
formulate a national training strategy for health workers.
Wales
248. The following is an extract from the
national strategy to tackle homelessness in Wales. The National
Assembly for Wales resolved to adopt the strategy on the 1 April
2003:
"Homeless people are particularly vulnerable
to problems with mental health, skin, musculo-skeletal, respiratory
and arthritic conditions. There is also a high prevalence of drug
and alcohol problems, which may need specific health services."
249. The Assembly Government has already
identified the problems experienced by homeless people in gaining
access to health services, and set an objective to improve healthcare
for this group. The interaction between health and homelessness
is complex, but the results can be severe. Research indicates
that rough sleepers have an average life expectancy of only 42
years. Improving healthcare must be part of the process towards
permanent resettlement.
250. The lack of a stable address, or any
address at all, can result in homeless people losing contact with
primary health services, and they can experience difficulty in
being accepted onto a GP's list. Other secondary services and
dental and optical care may not be accessed due to the mismatch
between homeless people's lifestyles and structures for accessing
services.
251. There are some examples of good practice
in this area, particularly where nurse practitioners have been
given dedicated time to work with homeless people in a multi-agency
setting. The Royal College of General Practitioners has published
guidance for working with homeless people. However, a more systematic
focus is required so that homeless people are always able to access
primary healthcare designed to deal with their needs and circumstances,
and which can link them into other specialist health services
as required.
252. The Assembly Government has already
addressed the needs of homeless people through the National Service
Forum for Mental Health. Further work to address the health needs
of homeless people will be pursued through local Health, Social
Care and Wellbeing Plans.
The Assembly Government will:
(i) issue guidance on Health, Social Care
and Wellbeing Plans, requiring Local Health Boards specifically
to address the health needs of homeless people;
(ii) promote and fund good practice initiatives
for developing accessible front-line services for homeless people;
and
(iii) take account of the importance of planned
discharge to appropriate housing in the guidance it issues to
health services on the arrangements for discharging patients.
253. The following timetable is envisaged
in the national strategy to tackle the homelessness "Action
Plan":
| Action/Target Outcomes
| Target Date |
| Invite and assess bids for funding from local authorities and Health Boards under the Flexibilities Grant Programme for projects that improve access to healthcare for homeless people.
| July 2003 |
| Develop and issue guidance for health and social services practitioners on discharge of patients that ensures that patients are suitably housed on discharge.
| December 2003 |
| Invite views of homeless people and practitioners on current issues regarding access to health services for homeless people.
| November 2003 |
| Consider the outcome of the Salford University research project into access to health services for homeless people.
| July 2003 |
| |
Northern Ireland
254. In Northern Ireland, the Housing (NI) Order 1988
places a duty on the Northern Ireland Housing Executive to ensure
that accommodation is available for persons who are unintentionally
homeless and in priority need. The Executive will, in the first
instance, provide temporary accommodation for homeless applicants
who meet the statutory criteria and the Executive's Housing Selection
Scheme provides for such applicants to be awarded sufficient points
to ensure that they have priority for permanent rehousing.
255. Neither the Housing (NI) Order 1988 nor the Housing
Selection Scheme make any distinction between rough sleepers and
other applicants who meet the statutory criteria for homelessness.
This reflects the statutory position in Great Britain.
256. While rough sleeping can be seen simply as homelessness
in its most extreme form, it is also a serious social problem
in its own right and the Housing Executive, in partnership with
the Lee Hestia Voluntary Housing Organisation, has recently been
focusing on this issue. Unlike many parts of Great Britain, there
is little visible evidence of rough sleeping in Northern Ireland
and the Executive's first priority is to quantify the problem.
Research is currently being finalised with Lee Hestia, which should
help to identify the nature and scale of rough sleeping in the
Belfast area.
257. Preliminary data indicates that, in 2000-01, fewer
than 100 persons were identified as sleeping rough in Belfast
and there was an apparent decrease in the level of rough sleeping
by 50% on the previous year.
258. The research also suggests that some people habitually
sleep rough because they are unable to access existing hostel
provision due to behavioural problems. In an attempt to address
this aspect of the problem, "wet" (ie alcohol-tolerant)
hostel facilities have been made available.
259. The Northern Ireland Housing Executive launched,
in September 2002, the results of its review of its strategy for
the delivery of its responsibilities for the homeless. The review
took account of the Social Development Committee's report on homelessness,
some of whose recommendations were incorporated into the strategy
and a recent audit report which concentrated on the costs associated
with bed and breakfast accommodation. In addition it set up a
forum to consider the findings from research carried out in respect
of rough sleepers and will be initiating an inter-agency Working
Group with the objective of developing a Rough Sleepers Strategy
for Belfast.
260. Under the Promoting Social Inclusion initiative,
the Department for Social Development has taken the lead on a
cross-departmental and cross-sectoral review of the problems encountered
by the homeless in accessing non-housing services. A Working Group
comprising officials from a number of Departments and representatives
for the statutory agencies and the voluntary sector has been set
up. It is intended to produce a draft policy and strategy on homelessness
for public consultation before the end of the 2003-04 financial
year. Subject to the outcome of the public consultation, a final
policy and strategy will subsequently be agreed.
261. The Northern Ireland cross-departmental Investing
for Health strategy seeks to address the wider determinants,
particularly social and economic inequalities which cause poor
health. The strategy acknowledges the impact homelessness has
on health in that homeless people are often more prone to infectious
disease, higher levels of mental illness and other illnesses which
can be related to the poor environmental conditions in which they
live. Surveys have shown that a significant number of homeless
people have complex needs and require support from a range of
agencies including the Health and Personal Social Services.
262. Underpinning Investing for Health, the Department
of Health, Social Services and Public Safety (DHSSPS) recently
published a Mental Health Promotion Strategy and Action Plan 2003-08.
The aims of the Strategy and Action Plan are to improve the mental
and emotional well-being of the general public, particularly those
at risk, more vulnerable, and those with identified mental health
problems, and their carers and families. It also aims to prevent,
or reduce the incidence and impact of; mental and emotional distress;
anxiety; illness and suicide; to raise awareness of mental and
emotional health at public, professional and policy-making levels;
and reduce discrimination against people with mental health problems.
263. The Strategy recognises that homelessness is known
to be associated with poorer physical and psychological well-being.
The Action Plan requires Health & Social Services Boards and
Trusts (through Investing for Health Partnerships) to further
develop policies and programmes to promote mental health while
taking account of the particular needs of all vulnerable groups,
including homeless people and victims of the conflict, across
all services. It also requires the Boards and Trusts to report
annually to the Multi-Agency Implementation Group which is being
established by the DHSSPS to steer and oversee implementation
of the Strategy and Action Plan.
264. In May 2001 the Northern Ireland Executive endorsed
a model for the joint implementation of the drug and alcohol strategies.
Under the Joint Implementation Model, six Working Groups were
established to take forward areas of work common to both strategies.
265. One of these Groups, the Information and Research
Working Group was tasked with developing new information and research
programmes in support of the two strategies. One such research
task identified by the Group was the need to conduct a province-wide
needs analysis of individuals who have an alcohol and/or drug
problem where homelessness has become a feature. The overall aim
of the research is to provide a detailed account of substance
misuse among homeless people that could be used to inform future
provision of services.
266. A number of projects aimed at tackling drug and
alcohol misuse have been funded through the Drug and Alcohol Campaign.
These include a project aimed at addressing the healthcare needs
of street drinkers in Londonderry and another project in Irvinestown
which provides a safe environment for heavy drinkers to make informed
choices on the range of support services available. This would
include advice on healthcare needs.
Isle of Man
267. While the Isle of Man Government is aware that very
few individuals lived on the streets for varying periods some
years ago, it is not aware of any homelessness in recent years.
The buoyancy of the economy and negligible unemployment over recent
years are major factors in this situation.
268. The Isle of Man Government is aware of the difficulties
faced by people on lower wages due to increases in house prices
over the last few years and also due to the increased cost of
renting private accommodation. However, the Island's benefits
system does help to offset this situation to a degree. There is
affordable public sector rented accommodation although there are
waiting lists. In cases where a person is possibly vulnerable
to becoming homeless because of mental health reasons or because
of imprisonment, Health Services/Social Services and the Probation
Service respectively are available to assist.
St Helena
269. There are no cases of homelessness on St Helena.
Adequate health care is available to everyone on the Island.
HOUSING CONDITIONS
The CESCR recommended that the UK should take immediate
measures to improve poor housing conditions and to relieve fuel
poverty.
270. In 2000 the Government set a target to:
"ensure that all social housing meets standards of decency
by 2010, by reducing the number of households living in social
housing that did not meet these standards by a third between 2001
and 2004, with most of the improvements taking place in the most
deprived local authority areas as part of a comprehensive regeneration
strategy."
271. In 2002 the Government renewed the commitment to
making all social housing decent by 2010. The target was also
expanded to cover vulnerable households in the private sector.
The amended target is now:
"by 2010, to bring all social housing into decent condition,
with most of the improvement taking place in deprived areas, and
increase the proportion of private housing in decent condition
occupied by vulnerable groups."
272. The Government aims to deliver improvements to housing
conditions across all sectors in order to contribute to the creation
of successful, thriving and inclusive communities that will stand
the test of time and in which people want to live.
Under the standard, a home is classed as decent if it:
(i) is above the current statutory minimum standard for
housing (the fitness standard);
(ii) is in a reasonable state of repair;
(iii) has reasonably modern facilities;
(iv) provides a reasonable degree of thermal comfort.
273. A third of all housing in England falls below the
decent home standard. Over one and a half million households live
in social homes that are not decent and over one million vulnerable
households, especially those comprising older people, live in
privately owned homes that are not decent, putting their health
at risk.
274. Homes that are non-decent are unevenly distributed
through different communities. Over 40% of homes in the 10% most
deprived wards are below the decent home standard. And in neighbourhoods
that suffer significant environmental problems (eg neglect, vandalism,
vacancy) over half the dwellings are non-decent.
275. Ethnic minorities are disproportionately affected.
Forty per cent of households from ethnic minorities live in non
decent dwellings, and are more likely to be situated in those
neighbourhoods, wards and districts where the poorest housing
stock is most concentrated.
276. There are links between non-decent homes and households
in fuel poverty, with 15% of those in non-decent homes in the
social sector also in fuel poverty.
The link is stronger in the private sector where 33% of the
vulnerable households in non-decent housing are also in fuel poverty.
Social Sector
277. At 1 April 2001 there were 1.6 million non-decent
social sector homes—a reduction of 700,000 from 1996. 1.2
million were owned by local authorities and 380,000 by housing
associations.
278. An analysis of the 2002 Local Authority business
plans showed the number of authorities at risk of non-delivery
was 102 (out of 246). The plans also showed that the 2004 target
of a third reduction in non-decent homes will be met but that
there would be a shortfall in the 2010 target by 200,000 dwellings.
279. The Government carried out a review to improve the
delivery mechanisms and put the targets back on track. The revised
trajectory, based on implementation of the recommendations from
that review, shows that the Government is back on track to meet
the 2010 target.
Private Sector
280. At 1 April 2001, 57% (1.5 million) of vulnerable
households in the private sector lived in a decent home. By July
2003 all local authorities have to set out their policies using
their new, wider powers to provide assistance for private sector
housing renewal. A risk assessment of each authority will be completed
by end 2004.
281. The Government expects to increase the proportion
of vulnerable households in decent homes from 57% in 2001 to 65%
by 2006, 70% by 2010 and 75% by 2020.
Other factors in decent housing
282. Decent homes are an essential part of a sustainable
community. A home and the environment around it has a major impact
on the physical and mental health and well being of those that
live there.
283. Poor housing and poor environments can also contribute
to an area having a bad reputation. They are factors which have
contributed to low demand making communities unsustainable.
284. The Department of Health's Cross Cutting Review
on Health Inequalities found that improving housing conditions
which alleviated problems of cold and damp would have a major
impact on achievement of their life expectancy target. It also
found that improving housing conditions for children in disadvantaged
areas would have a major impact on the infant mortality target.
285. Achieving the decent homes target is an important
component of the Department of Work and Pensions' aim of reducing
child poverty.
Fuel Poverty
286. Achievement of the target will also make a significant
contribution to the joint Department of Trade and Industry/Department
of Environment, Food and Rural Affairs targets of eliminating
fuel poverty and reducing carbon emissions. Improving the thermal
comfort of homes helps reduce fuel bills and numbers who experience
fuel poverty.
287. The domestic and domestic related sectors are responsible
for almost 40% of carbon emissions. The greatest impact on reducing
emissions will come from changes that are made in the existing
stock. Improving thermal comfort will make a significant contribution
as it is achieved in part through the installation of more efficient
heating.
288. Tackling fuel poverty is one of the core objectives
of the Government's wider policies on energy efficiency and social
exclusion. The Inter-Ministerial Group for Fuel Poverty was set
up in November 1999 to take a strategic overview of the relevant
policies and initiatives with a bearing on fuel poverty. The Fuel
Poverty Strategy, published in November 2001, sets out clear objectives
to eradicate fuel poverty among vulnerable households by 2010,
where practicable to do so.
289. Progress on dealing with fuel poverty has been encouraging.
There has been a considerable reduction in the number of households
living in fuel poverty. According to figures from the English
House Condition Survey, it is estimated that in England, the number
of households in fuel poverty has fallen by about 2.5 million
since 1996, from 4.3 million down to about 1.8 million in 2001.
Much of this change is thought to be as a result of changes in
incomes and energy prices, with some contribution from the installation
of energy efficiency measures.
290. The Fuel Poverty Advisory Group (FPAG) was set up
following the publication of the Strategy, to advise Government
about delivery of its target of eradicating fuel poverty in England.
FPAG is an Advisory Non-Governmental Public Body, jointly sponsored
by the Department for the Environment, Food and Rural Affairs
(DEFRA) and the Department of Trade and Industry. The Group comprises
a range of representatives from bodies in the energy sector, local
government, the health sector and NGOs.
291. On a wider policy base, eg on health and housing,
DEFRA is working to raise the awareness of fuel poverty issues
with other relevant Departments.
Northern Ireland
292. The interim target for Northern Ireland is to have
assisted at least 40,000 households in fuel poverty by 2006, mainly
through the Warm Homes Scheme. The Warm Homes Scheme itself aims
to assist 20,000 households in fuel poverty by the end of 2004.
Targets for the first three years are 4,500 in 2001-02, 6,250
in 2002-03 and 6,250 in 2003-04. Results to the end of March 2003
show that 11,219 households have already received assistance.
Isle of Man
293. The Isle of Man Government is committed to increasing
the number of good quality, affordable housing units available
on the Island.
FURTHER AND
HIGHER EDUCATION
The CESCR recommended that the UK should ensure that arrangements
for tuition fees and student loans, etc, did not have a negative
impact on students from less privileged backgrounds, in breach
of the obligation to progressively achieve free third level education
(Article 13(2)(c)).
Higher Education
England
294. The repayment of loans for Higher Education is income-contingent
and does not attract any interest in real terms.
295. The Government has recently announced proposals,
from 2006 onwards, to enable universities to raise the level of
tuition fee from the current cap of £1,100 to £3,000,
but it is committed to ensuring that access to Higher Education
is broadened, not narrowed.
296. The Government will continue to pay up to the first
£1,100 of tuition fees, depending on income, and will be
introducing a new Higher Education Grant of up to £1,000
for those from low income families in 2004. The requirement to
pay fees in advance will be abolished so that no student will
have to start paying their contribution to the cost of their course
until after graduation. Students who choose to defer their fees
will repay them through the tax system, related to their income
(in the same way as student loans are repaid) and will not be
charged a real rate of interest on any fee contribution. From
2005, the income threshold at which students start to repay their
loans will be raised from £l0k to £15k.
297. Any university that wants to increase its tuition
fees up to £3,000 must first have an access agreement approved
by the Office for Fair Access. Access agreements must set out
what arrangements the university will have for offering bursaries
and other financial support to students from less advantaged backgrounds,
and outreach to schools and colleges, to encourage more people
from disadvantaged backgrounds to apply.
298. In addition to student loans and grants for fees,
the Government also provides supplementary additional targeted
support worth a quarter of a billion pounds annually, almost all
in the form of grants rather than loans. This represents a doubling
of such funds since 1997. The targeted support includes the following
means tested non-repayable funds.
299. The statutory Childcare Grant was introduced in
2001-02 for students with dependent children. This includes students
who are lone parents, students married to other students, and
students whose spouse is either on a low income or is disabled
and unable to work. The grant is available for those using registered
childcare and covers 85% of actual childcare costs throughout
the whole year up to a maximum of £170 per week for those
with two or more children.
300. From 2003-04 the Parents Learning Allowance (PLA)
will be a statutory entitlement for student parents of up to £1,300
per year to meet course related costs.
301. The Adult Dependants Grant (up to £2,280) is
available to the spouse, partner, or other adult member of a student's
family who is financially dependent upon them. In addition, the
Inland Revenue provide Child Tax Credit for students' children's
living costs.
302. Opportunity Bursaries (£2,000 over three years)
are currently available to certain young people from low income
backgrounds going into Higher Education. The funding provided
through discretionary Access and Hardship Funds has quadrupled
from £22 million in 1997-98 to £96 million in 2002-03
(including £11.5 million for Opportunity Bursaries and £17
million for fee waivers for part-time students) provides extra
financial support to both full and part-time students, enabling
them to start or stay on their course by meeting course-related
costs such as books, equipment or travel, childcare costs or general
living costs such as rent. Students are assessed by their university
or college according to individual need.
303. Targeted support also includes spending on the non-means-tested
Disabled Students Allowance (DSA). This has risen from around
£10 million to some £50 million a year since 1997. The
DSA allows those with disabilities and/or special needs to access
education without having to bear the additional costs that may
occur. They are available to undergraduate and postgraduate students
studying on either a full time or and part time basis. The DSA
can help with specialist equipment costs, travel costs and other
general costs as well as help towards the costs of a non-medical
personal helper.
Higher Education
Scotland
304. The Scottish Executive introduced a new package
of support for Higher Education students beginning in academic
year 2001. This has meant up to 45% of students receiving more
money than was previously the case. Tuition fees have been abolished
in Scotland. Bursaries of up to £2,100, along with an extra
loan of £520, are targeted at the students who need it most.
Up to 41% of young students qualify for a means tested bursary.
A mature students' bursary fund has been set up to provide support,
mainly for childcare costs alongside a new grant of £1,025
for all lone parents with formal childcare costs. This is taken
alongside the graduate endowment scheme, from which mature students,
the disabled and lone parents are exempt, and means graduates
paying £2,000 (rate for students who entered in 2001—increased
by the Retail Price Index for future students) at the end of their
degree course, with the money re-invested to support future generations
of students. Part of the aim is to target student support more
towards those who need it most, with the undertaking that no student
will have more debt than under the previous system.
Further Education
England
305. The Government has developed a package of support
to ensure those from less privileged backgrounds have access to
Further Education. Provision is free and there is a package of
learner support to help those young people entering courses up
to the age of 19. Support for adults is also heavily subsidised
with tuition fee subsidies and learner support available.
306. Tuition, enrolment and examination fees for 16-19
year olds are fully funded from public sources and this support
extends to those continuing studies started before the age of
19. Learner support helps young people with the costs of travel,
childcare and other costs of learning. The Government plans to
roll out Educational Maintenance Allowances (EMAs) nationally
from September 2004. EMAs will provide a cash allowance, worth
up to £1,500 a year, to help young learners in households
on low to moderate incomes to remain in education and engage effectively
in their studies.
307. All adults are entitled to publicly subsidised tuition
fees. For those on income based or unemployment benefits, tuition
fees are waived completely. Many colleges also waive fees for
other groups of learners such as disabled or retired people. Basic
skills provision—numeracy, literacy and English to Speakers
of Other Languages (ESOL)—is free for all learners.
308. Learner support funds are also available to adults.
Funding is to help students overcome financial barriers to learning
and to promote wider access ensuring that people from all backgrounds
can take part in learning. This includes those students who are
disadvantaged, disabled and/or have learning difficulties, those
who have been in care, on probation or are young parents, lone
parents, those taking adult basic education or ESOL, unemployed
people receiving Job Seekers Allowance, those receiving means
tested state benefit, those on low incomes and the unwaged dependents
of all groups listed.
309. Learner support funding can be used to help pay
for transport, childcare, residential costs, books and equipment
and other expenditure associated with learning. The Department
of Education and Skills allocates this funding which is administered
by the Further Education establishments themselves.
310. In addition to support for the individual learner
the Further Education funding system includes additional funding
for colleges to help with outreach work and to meet the extra
costs of providing learning in areas of disadvantage. Where students
have particular special needs, there is extra funding for colleges
to cover these additional learning costs.
Further Education
Scotland
311. A College of Further Education may waive the fees
of any student. There is a range of circumstances in which colleges
can claim compensation from the Scottish Further Education Funding
Council (SFEFC) for the fees that they have waived. These circumstances
are set out in the "National Standard Fee Waiver Policy"
which was introduced by SFEFC in August 2000. While it is open
to a college to waive the fees of any student, a college will
usually do so in circumstances where the college can claim the
income from SFEFC.
312. All full-time Scottish domiciled students are eligible
for fee waiver for their chosen course in Scotland, as are part-time
students on passported benefits. The Scottish Executive is committed
to improving access to Further Education, and the Fee Waiver Policy
ensures that fees are waived for part-time students who are not
in a position to pay, such as those on low income or in receipt
of state benefit.
313. As in England, EMAs will be rolled out across Scotland
from academic year 2004-05, to provide financial assistance to
16-19 year olds from low income backgrounds to continue in education
where otherwise they would face financial barriers.
314. Student support is provided in the form of a bursary
fund, which comprises Maintenance, Travel and Study, Dependant's
Allowance, Two Homes Allowance and Special Education Needs. All
funds are allocated on a means-tested and discretionary basis,
and there are also additional funds of Childcare, Young Student
Retention Fund and FE Hardship Funds. The overall aim of FE student
support is to promote a fair and equitable system that recognises
the needs of individuals and effectively targets direct support
to those most in need when they most need it.
315. From 2000-01 the Scottish Executive announced an
FE Childcare Fund of £3 million per year, to help FE students
with study related childcare costs, baseline boosted to £6
million for 2001-02 and 2002-03 by Child Poverty Package funding.
The Childcare Fund is accessible to all students on SUMmable courses
(ones eligible for funding which meet the criteria set by the
Scottish Further Education Funding Council), although priority
is given to target groups of lone parents, part-time students
and mature students. The fund is proving successful in attracting
traditionally under-represented groups, and is estimated to be
helping between 3,000 and 5,000 students.
316. The Young Student Retention Fund and the Hardship
Fund are used to help out those students who find themselves in
financial difficulties during their course of study.
317. The Minister for Enterprise, Transport and Lifelong
Learning announced a full review of Funding of Learners during
2003, which will clarify the principles of learner support. The
review will consider the scope and practicalities for extending
the existing entitlements to funding for learners. The review
will not re-examine the basic principles underpinning the support
of students in the HE sector and it will not revisit the provision
of free tuition and the introduction of Graduate Endowment.
Wales
318. Responsibility for administering tuition fees and
student loans has not (currently) been devolved to the National
Assembly. However the Assembly, in September 2002, introduced
a new Assembly Learning Grant (ALG) which provides Welsh domiciled
students with income-contingent, means-tested support in addition
to any statutory support they might receive. The ALG is targeted
at students from low income backgrounds and aims to remove some
of the financial barriers to Higher (and Further) education.
Northern Ireland
319. In Northern Ireland the arrangements for tuition
fees and student loans replicate the arrangements in England and
Wales. However, in recognition of the fear of debt, particularly
amongst students from less privileged backgrounds, means tested
Higher Education Bursaries of up to £1,500 per year were
introduced in the 2002-03 academic year. These bursaries are non-repayable
and are used to offset the amount of student loan taken out by
the student. Similar bursaries were introduced the previous year
for Further Education students, and fees in respect of a wide
range of vocational Further Education courses were also abolished.
Isle of Man
320. The Isle of Man Government has not followed UK Government
policy in relation to tuition fees and student loans—tuition
fees are paid for students in Higher Education and student grants
are available.
INTEGRATED EDUCATION
IN NORTHERN
IRELAND
The CESCR recommended that the UK should consider appropriate
measures to facilitate integrated schools in Northern Ireland,
where there is parental support for integration.
321. The Education Reform (Northern Ireland) Order 1989
placed a duty on the Department of Education to encourage and
facilitate the development of integrated education. Under this
legislation, new integrated schools qualify immediately for recurrent
grant aid from the Department of Education providing they meet
certain viability criteria. The viability criteria were seen as
a barrier to the development of the integrated sector and a review
of these criteria was carried out. In December 2000 the Northern
Ireland Minister for Education decided that to encourage the sector
to develop further, the number of pupils required for primary
schools to be eligible for recurrent grant aid should be reduced.
In October 2001 the viability criteria for post primary schools
was also reduced.
322. As a result of the reductions in the viability criteria,
integrated primary schools become eligible for recurrent funding
from the Department of Education if they have 15 pupils in Belfast
and Londonderry and 12 pupils outside these cities. Changes to
the viability criteria also mean that a post primary school will
receive recurrent funding from the Department when it has 50 pupils
in year 1. All new integrated schools must also have a minimum
of 30% of its pupils drawn from the minority community in its
area. There are currently 15,317 pupils being educated at 47 integrated
schools, about 5% of the total school population, and all pupils
in integrated schools in Northern Ireland receive grant aid from
the Department.
323. Integrated schools become eligible for capital funding
by the Department when they have demonstrated potential long-term
viability, usually after three years of sustained enrolments.
324. The 1989 Order also enabled the Department of Education
to pay grants to any body appearing to the Department to have
as an objective the encouragement or promotion of integrated education.
The Department funds the Northern Ireland Council for Integrated
Education (NICIE) to provide promotional services for parents
and schools. In the current financial year, the Department has
allocated a budget of £467k to enable NICIE to deliver this
service.
325. In addition to the establishment of new integrated
schools, procedures are in place for transforming existing schools
to integrated status which may be initiated directly by parents.
In the current financial year the Department has allocated £300k
to assist schools with the process of transformation to integrated
status.
326. The reduction of the viability criteria and additional
resources demonstrate that the Department of Education is committed
to facilitating integrated education in Northern Ireland where
there is parental demand.
Foreign and Commonwealth Office
15 May 2003
1
The following is a list of acronyms used throughout the response:
ALG, Assembly Learning Grant; BME, Black and Minority Ethnic;
CESCR, Committee on Economic Social and Cultural Rights; DDA,
Disability Discrimination Act (1995); DEFRA, Department for Environment,
Food and Rural Affairs; DFES, Department for Education and Skills;
DTI, Department of Trade and Industry ; EMAs, Educational Maintenance
Allowances; ERA, Employment Relations Act (1999); ESOL, English
for Speakers of Other Languages; EU, European Union; EYPD, European
Year of People with Disabilities; FPAG, Fuel Poverty Advisory
Group; IEF, Integrated Education Fund; ICESCR, International Covenant
on Economic, Social and Cultural Rights; JSA, Job Seekers Allowance;
LEAs, Local Education Authorities; NAWP, Newham Asian Women's
Project; DP, New Deal for Disabled People; TSN New Targeting Social
Need; NGOs, Non-Governmental Organisations; NICIE, Northern Ireland
Council for Integrated Education; ODPM, Office of the Deputy Prime
Minister;OFMDFM Office of the First Minister and Deputy First
Minister; PRRs, Parental Responsibilities and Rights; PSI, Promoting
Social Inclusion; RRAA, Race Relations (Amendment) Act (2000);
SCRO, Scottish Criminal Record Office; SEN, Special Educational
Needs; SFEFC, Scottish Further Education Funding Council; UN,
United Nations; VIA, Victim Information and Advice. Back
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