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Written Answers

Tuesday, 19th March 2002.

Legislation: ECHR Compatibility

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer by the Lord Chancellor on 22 January (WA 169), whether the Explanatory Notes to government Bills, in so far as they relate to statements made under Section 19 of the Human Rights Act 1998 and to significant convention issues arising from the provisions of the Bill, will be reviewed and amended at each stage of a Bill's passage, in order to take account of any significant amendments. [HL3209]

The Lord Chancellor (Lord Irvine of Lairg): A Minister in charge of a Bill should be ready to explain his thinking about ECHR compatibility throughout a Bill's passage. It would not be practicable to require Explanatory Notes to be updated on ECHR or other points between introduction and completion of the Bill's passage through a House. The Explanatory Notes are of course updated when a Bill is brought from one House to the other and again before the resulting Act is published.

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer by the Lord Chancellor on 22 January (WA 169), whether the Explanatory Notes to government Bills, in so far as they relate to statements made under Section 19 of the Human Rights Act 1998 and to significant convention issues arising from the provisions of the Bill, will be amended on the completion of the Bill's passage, in order to take account of any amendments to the Bill or any significant human rights issues raised in debate. [HL3210]

The Lord Chancellor: Yes. The Explanatory Notes to each government Bill are updated at the end of its passage and published with the Act. It is not of course for departments to give advice on interpretation of an Act. That is a matter for the courts.

Public Guardianship Office

Lord Hogg of Cumbernauld asked Her Majesty's Government:

What key performance measures and targets the Lord Chancellor has set for the Public Guardianship Office Executive Agency for 2002-03. [HL3395]

The Lord Chancellor: I have set the following key performance measures (KPMs) and targets for the Public Guardianship Office for 2002–03.

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KPM 1: To develop an effective system for identifying client needs. Target:

To carry out an annual customer satisfaction survey of panel and lay receivers to provide quantitative feed back data on PGO services as perceived by receivers by 31 December 2002;

To run four receiver and client focus groups in different parts of the country by 31 March 2003 to provide qualitative data to inform the needs assessment project of receiver needs;

To have completed the design and development phases of the needs assessment project and to have commenced the implementation phase by 15 January 2003. KPM2: To increase the proportion of effective visits. Target:

To maintain the current level of visits (6,000 per annum plus a visit to all new receivership clients);

To achieve 75 per cent effective visits over the year. KPM3: To increase the percentage of accounts collected on time and reviewed on time as a basis for effective action to meet clients' needs. Target:

To complete the review of 100 per cent of accounts received or have requested further information within five weeks (25 working days) of receipt (to apply to both receivership and protection clients);

To collect 60 per cent of accounts within two calendar months of the accounting end date, 80 per cent within four calendar months of the accounting end date, and 100 per cent within six calendar months of the accounting end date, referring cases to the Court of Protection where necessary or taking other steps to ensure proper accounts are produced on behalf of clients (applies to protection clients only);

To review and set appropriate targets for 2003–04 by 31 March 2003. KPM4: To improve investment performance. Target:

To ensure that annually 85 per cent and on a three-year rolling basis 80 per cent of measured funds perform in line with a model performance based upon the Association of Private Client Investment Managers' and Stockbrokers' (APCIMS) capital indices; or an acceptable performance is achieved, taking into account clients' overall circumstances, including the income generated;

To establish benchmark appropriate to new investment strategies by the date those strategies are implemented.

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KPM5: To secure an improved service in:

responding to correspondence;

payment out;

getting information to receivers once appointed to enable them to support our clients;

closing cases;

registering enduring power of attorneys (EPAs). Target:

Responding to Correspondence: Respond to 95 per cent of letters, faxes and e-mails within 15 working days of receipt.

Payment Out: For 95 per cent of requests, pay out or dispatch direction to external receiver allowing access to funds to use for benefit of client within 15 working days of receipt.

Information to Receivers: Dispatch court orders and directions to applicants, receivers or their representatives in 95 per cent of cases within 25 working days of their being made.

Closing Cases: For 95 per cent of complete applications for final directions, transfer all of clients' assets to personal representatives within 25 working days.

Registering EPAs: Registering and returning 95 per cent of correctly lodged EPAs where there are no objections within five working days of the end of the statutory waiting period. KPM6: To establish protocols for working with our receivers and our partners setting out the outcomes we intend to achieve jointly for clients. Target:

To review the protocols established with key partner organisations in 2001–02 to ensure they are working properly by 31 October 2002; consider the usefulness of protocols with agencies identified in phase 2 of the partner protocol work stream by 31 October 2002; develop agreed written protocols setting out the outcomes we intend to achieve jointly for clients and memorandums of understanding setting out the ways we will work together to achieve those outcomes by 31 March 2003; draft agreed plans by 31 March 2003 for the development of each protocol over the next two to three years. KPM7: To demonstrate our capability through a range of measures:

percentage of staff having required skills and competencies;

percentage receiving training;

an effective research programme which underpins planning to meet clients' needs;

stage reached in developing an automated case management system—the MERIS project. Target:

Staff Skills and Competencies:At least 90 per cent of permanent staff to have a current personal development plan which identifies their learning and development needs and makes specific plans

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to develop their skills and competencies to defined standards.

Staff Training:At least 75 per cent of permanent staff to receive at least three days' training in line with their personal development plan.

Research:To commission two research studies, one by 30 September 2002 and one by 31 March 2003 and to progress these to timetable in line with PGO's published programme of research.

Stage reached in developing an automated case management system—the MERIS project: By 31 March 2003:

system design to be reviewed and approved (against agreed contract);

confirm specification for first phase implementation;

first phase of implementation to be accepted, following user acceptance testing;

Gateway 4 Review to be undertaken and provide approval to proceed;

data to be migrated in accordance with phased implementation plan, client service staff trained in accordance with first phase plan and first phase to be fully implemented. KPM8: To demonstrate improvements in efficiency by achieving a unit cost per case target set by the Lord Chancellor. Target:

To achieve a unit cost per case of not more than £480.

Children and Family Court Advisory and Support Service

Lord Dormand of Easington asked Her Majesty's Government:

When they intend to publish HM Magistrates' Courts Inspectorate's report of its programme of visits to the Children and Family Court Advisory and Support Service during 2001. [HL3316]

The Lord Chancellor: HM Magistrates' Courts Inspectorate (MCSI) has published its report Setting Up: Report of Programme of Visits to the Children and Family Court Advisory and Support Service today. Copies of the report have been placed in the Libraries of both Houses. Further copies may be obtained from the inspectorate.

Data Protection

The Earl of Northesk asked Her Majesty's Government:

How they intend to ensure that data intercepted under the terms of the Regulation of Investigatory Powers Act 2000 can be accessed by data subjects under the terms of the Data Protection Act 1998. [HL3161]

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The Minister of State, Home Office (Lord Rooker): Data intercepted under the terms of the Regulation of Investigatory Powers Act 2000 are subject to the provisions of the Data Protection Act 1998. An individual's entitlement to access will be considered by the Data Controller in accordance with the provisions of the Data Protection Act, including whether the application of exemptions to be found in Section 28 and Section 29 of the Data Protection Act are likely to apply.

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