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Asylum Claims by Post

Lord Acton asked Her Majesty's Government:

The Parliamentary Under-Secretary of State, Home Office (Lord Filkin): In July 2000 we announced that we would not be recording postal claims for asylum from persons living in any of the London boroughs and that they would be required to attend for screening before their claim was recorded and processed. Postal applications have also not been accepted in other parts of the country and alternative screening arrangements have been established. Postal claims have, however, continued to be made from some parts of the country: in 2001–02 they accounted for 7 per cent of all asylum claims, and so far in 2002–03 they have accounted for 8.9 per cent.

As from 8 February, anyone wishing to make an asylum claim will need to do so in person, and postal applications for asylum will no longer be accepted. We expect individuals to make their claim at a port of entry, where they will be screened and any request for support will be considered. Where a person in-country writes in by post, their purported claim will not be recorded. They will instead be advised to apply in person at Croydon or Liverpool. In the very exceptional case where a person is genuinely unable to attend one of these sites, alternative arrangements will be made to ensure that person can be screened and their claim processed.

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This change is part of our ongoing strategy to tighten up management of the asylum system.

Unfounded Asylum Applications

Lord Acton asked Her Majesty's Government:

    What measures they intend to take to prevent people recognised as refugees elsewhere in Europe from coming to the United Kingdom and making unfounded asylum applications using false identities.[HL1582]

Lord Filkin: The Government are fully committed to maintaining effective immigration control and ensuring that access to the asylum process is restricted to those who are in need of protection, as demonstrated by the series of fundamental reforms to the immigration, asylum and nationality system over the past 12 months.

Intelligence has shown that an increasing number of people who have been accepted as refugees elsewhere in the world are coming to the United Kingdom and making asylum applications in false identities. This undermines the integrity of the asylum process, places an unacceptable burden on the system and diverts valuable resources from those in genuine need. This abuse of the system is made easier as under the provisions of the Council of Europe Agreement on the Abolition of Visas for Refugees the holders of refugee travel documents issued by some 21 countries may travel to the United Kingdom without a visa. We have therefore decided to suspend the operation of that agreement. This will mean that from 00.01 hours on Tuesday 11 February all holders of refugee travel documents will require a visa before coming to the United Kingdom.

This measure will bring the holders of refugee documents issued by the 21 countries into line with those who hold refugee documents issued by all other countries. This change will not prevent refugees who are settled in other countries and who genuinely wish to visit the United Kingdom from doing so. They will simply be required to obtain a visa before coming here. What it will do is act as a deterrent to those whose sole purpose in coming to the United Kingdom is to abuse our asylum system.

NHS Foundation Trusts

Baroness Noakes asked Her Majesty's Government:

    Further to the Written Answer by Lord Hunt of Kings Heath on 13 January (WA 35), what they estimate to be the costs of the independent regulator during 2003–04 and 2004–05 based on the powers and duties set out in A Guide to NHS Foundation Trusts and on the basis that the number of successful applicants for National Health Service trust status in October 2003 is (a) 5, (b) 10 and (c) 20.[HL1175]

The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath): The costs of the independent regulator have not yet been estimated on this basis.

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Baroness Noakes asked Her Majesty's Government:

    Whether it would be possible under existing legislation for (a) the Secretary of State, (b) strategic health authorities, (c) primary care trusts or (d) other bodies within the National Health Service to guarantee the borrowings of National Health Service foundation trusts or whether specific legislative powers would need to be taken in the legislation enabling the creation of National Health Service foundation trusts.[HL1176]

Lord Hunt of Kings Heath: The regime for managing financial failure will safeguard the Secretary of State for Health's overriding priority—that National Health Service patients continue to have access to the healthcare they need, free at the point of delivery. The regime will not underwrite institutions that have failed to deliver under the terms of their service agreements and/or licence. There are no plans to introduce legislation on this matter.

Baroness Noakes asked Her Majesty's Government:

    Whether they have received any preliminary applications from National Health Service trusts to become National Health Service foundation trusts.[HL1180]

Lord Hunt of Kings Heath: Following publication of A Guide to NHS Foundation Trusts on 11 December 2002, applications to become NHS Foundation Trusts have been invited from acute and specialist National Health Service trusts that achieved three-star status in the NHS performance ratings published in July 2002. The application process has now begun and the closing date for preliminary applications is 28 February 2003.

Baroness Noakes asked Her Majesty's Government:

    Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 41), whether the practical support envisaged for the governance arrangements of National Health Service foundation trusts will include direct financial support; and whether that support will extend to both the initial creation of the new governance arrangements and to their ongoing administration.[HL1203]

Lord Hunt of Kings Heath: The policy on financial support for second stage applications for NHS foundation trusts is set out in paragraphs 7.13 and 7.14 of A Guide to NHS Foundation Trusts.

Baroness Noakes asked Her Majesty's Government:

    Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 33), whether a National Health Service foundation trust will be free to retain the proceeds of disposal of an asset indefinitely until the regulator is satisfied that the use of those proceeds would be used to further its public interest mandate.[HL1206]

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Lord Hunt of Kings Heath: The policy on the disposal of assets is set out in paragraphs 3.18 and 3.19 in A Guide to NHS Foundation Trusts. The consent of the regulator will be required prior to any proposed disposal of regulated assets.

Baroness Noakes asked Her Majesty's Government:

    What would be the consequences for a National Health Service foundation trust of its borrowing limit being reduced as part of its annual review if the reduced limit was less than (a) its actual borrowing at that time; or (b) its expected borrowings in the light of existing commitments for capital or revenue expenditure.[HL1207]

Lord Hunt of Kings Heath: Arrangements for the Prudential Code for NHS Foundation Trusts are set out in paragraph 5.17 of A Guide to NHS Foundation Trusts. Under (a) the NHS foundation trust would not be able to enter into any new borrowing arrangements until its total borrowing fell within its new prudential limits. Under (b) investment plans that required future borrowing have to be deferred until it was prudent to do so.

Baroness Noakes asked Her Majesty's Government:

    Further to the Written Answer by Lord Hunt of Kings Heath on 14 January (WA 41), what statutory requirements will apply to the election of non-executive directors and chairs of the management boards of National Health Service foundation trusts.[HL1253]

Lord Hunt of Kings Heath: The position is set out in paragraph 2.39 of A Guide to NHS Foundation Trusts. Details will be set out in forthcoming legislation.

Baroness Noakes asked Her Majesty's Government:

    Further to the Written Answer by Lord Hunt of Kings Heath on 15 January (WA 45), under what legislative authority financial support will be given to applicants for National Health Service foundation status prior to the passing of legislation allowing the creation of National Health Service foundation trusts.[HL1368]

Lord Hunt of Kings Heath: The first wave of NHS foundation trust applicants have been invited from acute and specialist National Health Service trusts that achieved three-star status in the NHS performance ratings published in July 2002. Powers set out in the NHS and Community Care Act 1990 (Schedule 3, paragraph 5A) enable the Secretary of State for Health to make a payment to an NHS trust if he considers it appropriate to do so.

Strategic Health Authorities: Mutual Fund

Baroness Noakes asked Her Majesty's Government:

    Further to the Written Answer by Lord Hunt of Kings Heath on 6 November 2002 (WA 114), whether the National Health Service Bank has yet agreed terms and conditions and amounts for

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    individual health service bodies in respect of the £100 million made available to the three strategic health authorities (Avon, Gloucestershire and Wiltshire; Surrey and Sussex; and Bedfordshire and Hertfordshire); and, if so, whether they will publish those details.[HL1250]

Lord Hunt of Kings Heath: The £100 million mutual fund for 2002–03 has been made available in grant form to the strategic health authorities. The strategic health authorities are responsible for agreeing amounts for individual primary care trusts/National Health Service trusts.


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