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TAN and Vehicle Inspectorate Merger
Lord Berkeley asked Her Majesty's Government:
- What steps they propose to take to ensure the independence of traffic commissioners following the proposed merger of their staff with the Vehicle Inspectorate; and what representations they have received concerning the proposal.[HL1236]
Lord Macdonald of Tradeston: Traffic commissioners are independent of the Department for Transport. They are supported by Department for Transport staff in the Traffic Area Network (TAN). The position of traffic commissioners will be unchanged by the merger of TAN with the Vehicle Inspectorate staff to form the Vehicle and Operator Services Agency (VOSA). TAN will be a separate division of VOSA. No representations have been received concerning the proposal.
Strategic Rail Authority
Lord Berkeley asked Her Majesty's Government:
- Whether they consider that the recommendations of the Higgs Report on corporate governance should apply to the Strategic Rail Authority and other similar non-departmental public bodies.[HL1237]
Lord Macdonald of Tradeston: NDPBs, such as the Strategic Rail Authority, are not required to comply with the combined code and normally operate under a clear framework set out in a financial memorandum and management statement agreed with Ministers.
IVF Embryos: Fertility Treatment
Baroness Cox asked Her Majesty's Government:
- Whether direct payment to couples for consenting to their IVF embryos being used for fertility treatment is prohibited:
Whether direct payment to couples for consenting to their IVF embryos being used for research is prohibited:
Whether discount IVF treatment in return for gametes or embryos is permissible; and, if so, whether this is occurring; and [HL1128]
Whether discount IVF treatment in return for consent to the use of gametes or embryos is permissible; and, if so, whether this is occurring . [HL1129]
(a) by law; and
(b) by regulations of the Human Fertilisation and Embryology Authority; and [HL1126]
(a) by law; and
(b) by regulations of the Human Fertilisation and Embryology Authority; and [HL1127]
The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath): Section 12(e) of the Human Fertilisation and Embryology Act 1990 provides that no money or other benefit shall be given or received in respect of any supply of gametes or embryos unless authorised by directions from the Human Fertilisation and Embryology Authority. Directions permit people providing gametes for donation for treatment to be paid no more than £15 for each donation, plus reasonable expenses. Guidance on what can be considered reasonable expenses is contained in Annex G to the authority's code of practice.
In some licensed centres a woman may be offered treatment involving in vitro fertilisation at reduced cost in return for sharing the eggs she produces with another woman receiving in vitro fertilisation. This arrangement can be advantageous to both women involved. It may allow one to receive treatment that she could not otherwise afford, while providing eggs for the other. The Human Fertilisation and Embryology Authority considered egg sharing in 1998 and has kept it under review since then, covering the provision of consent and the preparation of formal agreements between the parties involved in its code of practice. The authority is aware, however, that some people find this a matter of concern and the issue is to be discussed by the authority's ethics committee. The conclusions of the committee, and of the authority as a whole, will be communicated to the House and placed in the Library.
Lord Morris of Manchester asked Her Majesty's Government:
Lord Hunt of Kings Heath: Officials from the United Kingdom government departments concerned and the Scottish Executive are looking at the group's findings and their implications for the interface between the social security system and devolved responsibilities. No conclusions have yet been reached.
Baroness Noakes asked Her Majesty's Government:
Lord Hunt of Kings Heath: Compliance with the statutory duty to break-even is measured over a number of financial years. National Health Service trusts are deemed to comply with the duty unless a breach is reported in their audited accounts. While 50 NHS trusts did report a deficit in their 2001–02 audited accounts, none reported a breach.
Baroness Noakes asked Her Majesty's Government:
Lord Hunt of Kings Heath: There will be a transition path to move providers to the national tariff, but once the new system of financial flows has been fully implemented the same rules will apply to foundation trusts and other National Health Service providers. Details of how the scheme will operate will be published in due course.
Baroness Noakes asked Her Majesty's Government:
Lord Hunt of Kings Heath: The Department of Health will determine on what terms public sector capital will be made available.
Baroness Noakes asked Her Majesty's Government:
Lord Hunt of Kings Heath: All commissioned National Health Service services will be subject to the standard national tariff. NHS foundation trusts will have freedom over the way they use any financial surpluses, subject to the requirements of their licence and their primary purpose of providing health services for the benefit of NHS patients and the community.
Baroness Noakes asked Her Majesty's Government:
What consultation has taken place between them and the Scottish Executive about the findings of the expert group chaired by Lord Ross on financial and other practical support for patients contaminated with National Health Service blood, blood products or tissue; whether they have made any suggestion that the group's findings should not be implemented; and whether decisions on implementation of the group's findings are solely for the Scottish Executive to take. [HL1132]
Further to the Written Answer by Lord Hunt of Kings Heath on 19 December 2002 (WA 157), by what date they expect each of the National Health Service trusts listed in the Answer to comply with its statutory duty to break even. [HL1148]
Whether, in respect of clinical services delivered to National Health Service patients covered by standard tariffs, a National Health Service foundation trust will be obliged to charge primary care trusts the standard tariff price in all circumstances for every item of service; and, if not, in what circumstances the standard tariff could be varied. [HL1177]
What sources of capital in the public sector will be available to National Health Service foundation trusts as referred to in paragraph 5.13 of A Guide to NHS Foundation Trusts; and who will determine whether and on what terms public sector capital will be made available to a National Health Service foundation trust.[HL1178]
Whether a National Health Service foundation trust will be able to use the financial surpluses made by achieving efficiency gains which reduce its cost of delivery below the standard tariff which it must charge to primary care trusts for (a) reducing the tariffs for the same or other regulated services provided to primary care trusts, (b) cross-subsidising the prices charged to primary care trusts for regulated services not covered by the standard tariffs or (c) cross-subsidising the prices of non-regulated services.[HL1179]
Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 34), (a) what are the elements of the legislative framework which apply currently to the private finance initiative projects of National Health Service trusts; and (b) in what way, if any, that framework will need to be adapted for National Health Service foundation trusts.[HL1204]
29 Jan 2003 : Column WA172
Lord Hunt of Kings Heath: The NHS (Residual Liabilities) Act 1996 (the 1996 Act) and the NHS (Private Finance) Act 1997 (the 1997 Act) (together the protective legislation) currently govern the private finance initiative projects of National Health Service trusts. Any necessary changes will be included in forthcoming legislation.
Baroness Noakes asked Her Majesty's Government:
- Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 39), whether the independent regulator will have any functions in relation to private finance initiative transactions undertaken by National Health Service foundation trusts.[HL1205]
Lord Hunt of Kings Heath: The independent regulator will not have any functions in relation to private finance initiative transactions undertaken by National Health Service foundation trusts.
Abortions
Lord Alton of Liverpool asked Her Majesty's Government:
- Further to the Written Answer by Lord Hunt of Kings Heath on 2 December 2002 (WA 83), whether the information contained in the footnote is correct.[HL1229]
Lord Hunt of Kings Heath: I regret that the information contained in the footnote to my reply of 2 December 2002 (WA 83) about the number of abortions performed since 1990 under Section 1(1)(d) of the Abortion Act 1967 is incorrect. The footnote should state:
"Figures for 1990 to 1997 are of abortions performed at 25 weeks 0 days gestation or more and may include a very small number of abortions performed under sections other than 1(1)(d); figures from 1998 onwards are of abortions under Section 1(1)(d) performed at more than 24 weeks 0 days gestation."
Clinical and Managerial Practice: NICE Guidance
Earl Howe asked Her Majesty's Government:
- Whether they have agreed to a study into the implementation of the guidance issued to the National Health Service by the National Institute for Clinical Excellence; when they expect the results of the study; and whether it will be made publicly available.[HL1276]
Lord Hunt of Kings Heath: The National Institute for Clinical Excellence (NICE) has commissioned a research project through the National Health Service research and development methodology programme to evaluate the impact of its guidance on clinical and managerial practice. Preliminary results of the first phase were made public at the NICE Conference in December 2002. The final report will be available in the autumn.
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