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Financial Services and Markets Act 2000 Instruments

Lord Lipsey asked Her Majesty's Government:

Lord McIntosh of Haringey: The Government propose to lay before Parliament the following statutory instruments:



    2. The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) (Electronic Commerce Directive) Order 2002: an affirmative resolution to implement the e-commerce directive in the field of financial services. Likely to be laid before Parliament during May 2002.


    3. The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2002: a negative resolution order to implement the e-commerce directive in the field of financial services. Likely to be laid before Parliament during May 2002.

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    4. There will also be a set of regulations made under Section 2(2) of the European Communities Act 1972 and Sections 349(1)(b) and 414 of FSMA: a negative resolution instrument to implement the e-commerce directive, to be laid before Parliament during May 2002.


    5. The Financial Services and Markets Act 2000 (Communications by Actuaries) Regulations 2002: a negative resolution instrument specifying circumstances in which actuaries of authorised persons must make a report to the FSA. Likely to be laid before Parliament during May 2002.


    6. Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2000: a negative resolution order making consequential and transitional arrangements to credit union legislation. Likely to be laid before Parliament in June 2002.


    7. The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 3) Order 2002: an affirmative resolution instrument to implement regulation of mortgage advice and arranging. Likely to be laid before Parliament in June 2002.


    8. The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2002: an affirmative resolution instrument to implement regulation of mortgage advice and arranging. Likely to be laid before Parliament in June 2002.


    9. The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2002: an affirmative resolution instrument to implement regulation of mortgage advice and arranging. Likely to be laid before Parliament in June 2002.


    10. An order under the Financial Services and Markets Act, Section 150(3) to extend definition of private persons to allow businesses to sue for breach of FSA rule where insurer breaches a (future) rule obliging them to pay interest on late insurance claim as per under 4th motor directive. Likely to be laid before Parliament before the end of 2002.

To implement a regulatory regime for insurance intermediaries, including long-term care insurance, which will also implement the EU Insurance Mediation Directive, the Government expect to lay orders by the end of 2002. These orders will include at least one affirmative resolution order. This timetable is subject to the directive being adopted during the summer/early autumn. If there are significant delays in Europe—which we do not expect—then there is a possibility that legislation would be delayed. If this delay was significant, the Government would look again at the strategy of dovetailing regulation of LTCI with implementation of the directive.

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Gulf War Veterans

The Countess of Mar asked Her Majesty's Government: Janice

    How many Gulf War veterans (a) have been diagnosed with, or (b) have died from renal cancer or lymphocytic leukaemia; and whether the incidence in the veterans community is considered to be higher than would be expected in the general population.[HL3661]

The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Bach): Comprehensive cancer registration data provided by the Office for National Statistics' NHS Central Register on registrations in England and Wales is currently available only for the period up to 31 December 1998 as follows:

Cancer data from the NHS Central Register—1 April 1991 to 31 December 1998

UK Gulf veteransGeneral Population estimate (Note 3)
Renal Cancer (Note 1)
Diagnosis:56
Of whom Deaths13
Lymphoid Leukaemia (Note 2)
Diagnosis:13
Of whom Deaths12

Notes:

1. Renal cancer or malignant neoplasm of the kidney (International Classification of Disease (ICD) 9th Revision code 189.0 and ICD 10th Revision code C64). Excludes malignant neoplasm of the renal pelvis (ICD) 9th Revision code 189.1 and ICD 10th Revision code C65) because this condition is histologically and aetiologically different from the other renal cancers described in the table.

2. The different manifestations of lymphocytic leukaemia are included in the classification for lymphoid leukaemia in ICD

9th Revision codes 204.0 to 204.9 and ICD 10th Revision code C91.

3. The estimates for the general population have been calculated by applying the age and gender specific rates for the general population resident in England and Wales to the Gulf veteran cohort.

Drawing conclusions about health from a comparison of service personnel with the general population may not necessarily be valid because, for example, Armed Forces selection procedures are designed to identify and exclude those who are medically unsuitable for service due to poor health and fitness or have a predisposition to develop ill health. The emphasis given to maintaining physical fitness and the different healthcare arrangements provided for Armed Forces personnel during their career are additional examples of why such a comparison can be misleading. It is for these reasons that an era comparison group of UK service personnel was identified with whom the health of Gulf veterans is compared by the Ministry of Defence. I outlined the composition of the era comparison group in my recent Answer to my noble friend Lord Morris of Manchester

(Official Report, 25 February 2002, columns

WA 177–78). The MoD is conducting an analysis of the incidence of all cancers in Gulf veterans and the era group with the aim of making the findings available later this year.

Janice


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MoD Proposals: Gender Impact Assessment

Baroness Thomas of Walliswood asked Her Majesty's Government:

    Which women's organisations have been consulted over proposed legislation by the Ministry of Defence during the 2000–01 and 2001–02 Sessions; and whether their responses have been published. [HL3719]

Lord Bach: During the 2000–01 and 2001–02 Sessions the Ministry of Defence has not proposed any legislation for which specific consultation with women's organisations was required.

Baroness Thomas of Walliswood asked Her Majesty's Government:

    What was the subject of each gender impact assessment drawn up by the Ministry of Defence since June 1997; and, in each case, whether the outcome had been put out to consultation or published. [HL3720]

Lord Bach: The requirement to consider the impact of proposals, either directly or indirectly, on different groups of people, including women, is embedded in the Ministry of Defence's guidance to policy makers and as such is taken into account as a matter of course. Information on individual gender impact assessments is not held centrally and could be provided only by the use of disproportionate time and effort. Janice

A12 Witham Bypass

Lord Marlesford asked Her Majesty's Government:

    What action they intend to take to bring to justice those who were responsible for the criminal damage caused to property of the Highways Agency by the cutting down on 15 April of planting on government land along the A12 trunk road embankment adjacent to the advertising hoardings on land owned by Braintree District Council at Witham; and what steps they are taking to prevent further damage to Highways Agency planting along the A12 Witham bypass.[HL3835]

The Minister of State, Department for Transport, Local Government and the Regions (Lord Falconer of Thoroton): I have asked the Chief Executive of the Highways Agency, Mr Tim Matthews, to write to the noble Lord.

Letter from the Chief Executive of the Highways Agency, Mr Tim Matthews, dated 25 April 2002.

I have been asked by the Minister of State for Transport, Local Government and the Regions to reply to your recent Parliamentary Question about

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damage to the Highways Agency's estate on the A12 at Witham.

First, thank you for your swift action in contacting our Managing Agents, W S Atkins Consultants Ltd, on 15 April, when you discovered people on site. This enabled us to find out further details of the incident including who had organised the cutting back of the planting. The matter has been reported to Essex Police and we intend to pursue it vigorously.

Clearly, we cannot guarantee that others will not attempt to cut back the planting on the embankment in the future. But those with an interest in the advertising hoardings know our views and know we will take the strongest action against those proved to have caused criminal damage and trespass. I shall see that you are kept in touch with developments. maria

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