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Human Rights: Freedom of Religion

Baroness Cox asked Her Majesty's Government:

The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Andrews): The United Kingdom has a long-held commitment to the freedom of worship and belief. Our obligations under the European Convention on Human Rights are incorporated into the Human Rights Act 1998. There is already extensive public order legislation that deals with threats of this kind; it is an offence under the Public Order Act 1986 for anyone to use unlawful direct harassment or threats against another, whatever the reason. The Racial and Religious Hatred Act 2006 makes it an offence to use threatening words or behaviour with the intention of stirring up religious hatred. There is also the protection afforded by common-law offences which outlaw inciting the commission of any criminal offence, and by statutory offences of soliciting to murder.

Local Government: Enactments

Lord Greaves asked Her Majesty's Government:

The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Andrews): Section 5(1) of the Local Government Act 2000 empowers the Secretary of State by order to amend, repeal, revoke or disapply any enactment which they believe prevents or obstructs local authorities exercising their powers to promote or improve the economic, social or environmental well-being of their areas. No such orders have been made.

Lord Greaves asked Her Majesty's Government:



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Baroness Andrews: Section 6(1) of the Local Government Act 2000 gives a power which enables the Secretary of State to modify legislation that requires local authorities to prepare or produce plans or strategies.

For all English local authorities, the Community Care Plans (Disapplication) (England) Order 2003 disapplied Section 46(1) and (2) of the National Health Service and Community Care Act 1990—(community care plans).

The Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005 disapplied the following legislation for all English local authorities categorised as “excellent” as a result of the comprehensive performance assessment (CPA) by means of Local Authorities (Categorisation) (England) Orders:

Section 4(1) of the Homelessness Act 2002—(homelessness strategies);Sections 2, 3(2) and 5 of the Home Energy Conservation Act 1995—(home energy conservation reports);Section 40(1) of the Crime and Disorder Act 1998 —(youth justice plans);Section 60 of the Countryside and Rights of Way Act 2000—(rights of way improvement plans);Sections 108(3) and 110(1) of the Transport Act 2000—(local transport plans and bus strategies) andSection 84(2)(b) of the Environment Act 1995—(action plans in relation to air quality).

The Government will extend all the above measures to exempt all relevant local authorities categorised as four star under the CPA from producing these plans and the following measures to all relevant “good” or three-star local authorities: homelessness strategies, home energy conservation reports and youth justice plans.

Local Government: Guidance

Lord Greaves asked Her Majesty's Government:

The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Andrews): The guidance to local authorities, Power to Promote or Improve Economic, Social or Environmental Well-Being, was issued under Section 3(5) of the Local Government Act 2000 on 27 March 2001.

While the whole document is still extant, the guidance is under review and will be modified in due course to reflect the addition of eligible parish councils to principal councils as those which will be able to exercise the power to promote well-being, pending the Local Government and Public Involvement in Health Bill receiving Royal Assent.



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Local Government: Statutory Responsibilities

Lord Greaves asked Her Majesty's Government:

The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Andrews): A summary of the current local authority plan requirements is set out in the table below.



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Plan RequirementLocal AuthorityRelevant Legislation

Best Value Performance Plan

BV Parishes, Districts, Counties, Unitaries, Metropolitan Districts, London Boroughs

Section 6 of the Local Government Act 1999

Community Strategy

Districts, Counties, Unitaries, Metropolitan Districts, London Boroughs

Section 4(1) of the Local Government Act 2000

Local Development Documents

Districts, Counties, Unitaries, Metropolitan Districts, London Boroughs

Section 17(1) of the Planning and Compulsory Purchase Act 2004

Civil Contingencies Plan

Districts, Counties, Unitaries, Metropolitan Districts, London Boroughs

Section 2(l) of the Civil Contingencies Act 2004

Crime and Disorder Reduction and Drugs Action Team Strategy

Counties, Unitaries, Metropolitan Districts, London Boroughs

Section 6 of the Crime and Disorder Act 1998; the Crime and Disorder Act 1998 (Responsible Authorities) Order 2005

Connexions Partnership Business Plan

Districts, Counties, Unitaries, London Boroughs

Section 22 of the Learning and Skills Act 2000

Homelessness Strategy

Districts, Unitaries, Metropolitan Districts, London Boroughs (except those rated as excellent)

Section 1 of the Homelessness Act 2002; the Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005

Children and Young People's Plan

Unitaries, Counties, Metropolitan Districts, London Boroughs (except those rated as four star)

Section 17 of the Children's Act 2004; Children and Young People's Plan (England) Regulations 2005 (as amended by Children and Young People's Plan (England) (Amendment) Regulations 2007)

Local Transport Plan

Counties, Unitaries, Metropolitan Districts (except those rated as excellent)

Section 108(3) and 110(1) of the Local Transport Act 2000; the Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005

Air Quality Action Plan

Districts, Unitaries, Metropolitan Districts, London Boroughs (except those rated as excellent)

Section 8(2)(b) of the Environment Act 1995; the Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005.

Municipal Waste Strategy

Counties (except those rated as four star); and Districts, (except those rated as excellent)

Section 32 of the Waste Emissions Trading Act 2003; the Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2007

Youth Justice Plan

Districts; Counties, Unitaries, Metropolitan Districts, London Boroughs (except those rated as excellent)

Section 40(1) of the Crime and Disorder Act 1998; the Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005

Home Energy Conservation Report

Districts, Unitaries, Metropolitan Districts and London Boroughs (except those rated as excellent)

Section 2 of the Home Energy Conservation Act 1995; the Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005

Right of way improvement plan

Counties, Unitaries, Metropolitan Districts (except those rated as excellent)

Section 60 of the Countryside and Rights of Way Act 2000; the Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005

As a result of central government work on plan rationalisation, 75 per cent of local authority plan requirements have been removed since 2002, and this was confirmed in the Process Evaluation of Community Strategies and Plan Rationalisation,published in September 2006, of which copies are available in the House of Lords Library.

Mercury: Barometers

Lord Monson asked Her Majesty's Government:

The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): The proposed new directive to restrict the marketing of certain measuring devices containing mercury:



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(a) will not prevent UK residents acquiring new fever thermometers or new barometers while travelling in countries or territories outside the EU and bringing them back to the UK for their personal use—such instruments will not have been placed on the market in the EU—and;(b) will mean that UK residents cannot acquire such instruments from countries or territories outside the EU for their personal use via mail order or the internet where the offering by mail order or the internet places those instruments on the market in the EU. Such marketing within the EU will be prevented.

Older People: Health Services

Baroness Greengross asked Her Majesty's Government:

Baroness Royall of Blaisdon: The Government are committed to improving older people's services including frail older people and people with dementia.

There have been significant improvements in services for frail older people since the publication of theNational Service Framework for Older People in March 2001. By removing age as a barrier to accessing specialist care, older people have been among the main beneficiaries from the investment in national health services. This is reflected in increased access to services and treatments relating to key conditions associated with old age, and the investment in community services such as intermediate care, which have helped bridge the gap between hospital and home as well as reduced delayed discharge.

The department's publication A Recipe for CareNot a Single Ingredient, published in January 2007, builds on the successes of the NSF for older people, which outlines the clinical case for better service redesign to meet the needs of frail older people. In addition to this the department aims to ensure, through the Dignity in Care campaign, that all older people in all care settings are treated with respect for their dignity by promoting changes to culture, system and outcome.

The department's service development guide, Everybody's Business, sets out the components of a comprehensive older people's mental health service for health and social care services to implement.

Also, the department is reviewing what more needs to be done to improve services for people with dementia, in line with the findings and conclusions of the recently published National Audit Office report, Improving Services and Support for People with Dementia.

Baroness Greengross asked Her Majesty's Government:



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Baroness Royall of Blaisdon: The Government recognise that delirium and confusion is a common problem for older people entering hospital, and many of these patients are older people with complex needs.

The Royal College of Physicians has recently produced guidelines called The Prevention, Diagnosis and Management of Delirium in Older People to improve delirium management in acute settings.

Work is in hand to publish an urgent and emergency care framework, which will draw attention to the importance of managing the needs of older people with confusion and delirium.

Older People: Human Rights

Baroness Greengross asked Her Majesty's Government:

Baroness Royall of Blaisdon: In recognition of the need for care services to better respect the privacy and dignity of older people, last year the Government launched the Dignity in Care campaign. The campaign aims to raise the profile of, and help care providers to take action to address, issues such as supporting people to use the toilet in private.

In response to the campaign, the health and social care inspectorates are giving a much higher priority to dignity in their inspections, thereby sending a strong signal to providers and commissioners that they will be held to account for the way they provide their services.


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