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Health: Shipman Inquiry
Lord Alton of Liverpool asked Her Majesty's Government:
Further to the Written Answer by Lord Darzi of Denham on 25 March (WA 81) concerning the reports of the Shipman inquiry, what steps have been taken to implement the measures proposed to strengthen the systems of death and cremation certification; and [HL3539]
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Further to the Written Answer by Lord Darzi of Denham on 25 March (WA 81) concerning the reports of the Shipman inquiry, whether they will implement the recommendation that it should be unlawful for a single doctor to provide certification of death for burial purposes; and [HL3540]
Further to the Written Answer by Lord Darzi of Denham on 25 March (WA 81) concerning the reports of the Shipman inquiry, whether they will implement the recommendation that there should be independent scrutiny by a second person of the circumstances of death and the deceased's medical history; and [HL3541]
Further to the Written Answer by Lord Darzi of Denham on 25 March (WA 81) concerning the reports of the Shipman inquiry, whether they will implement the recommendation that there should be cross-checking of information between the treating doctor or doctors, the deceased's family and, where appropriate, nursing or care staff, to ensure that the suggested cause of death is consistent with the circumstances of the deceased's death; and [HL3542]
Further to the Written Answer by Lord Darzi of Denham on 25 March (WA 81) concerning the reports of the Shipman inquiry, whether they will implement the recommendation that no doctor should by themselves be permitted to make the decision whether or not to refer a death to the coroner for investigation; and [HL3543]
Further to the Written Answer by Lord Darzi of Denham on 25 March (WA 81) concerning the reports of the Shipman inquiry, whether they will introduce the proposal in the third report for new forms of reporting and adequate capturing of information relating to the circumstances of death. [HL3544]
The Parliamentary Under-Secretary of State, Department of Health (Lord Darzi of Denham): The department published a consultation paper, Improving the Process of Death Certification, on 24 July 2007. The paper sought views on proposals to address the weaknesses identified by the Shipman inquiry in the process of death certification in England and Wales.
all medical certificates of cause of death (MCCDs), with the exception of cases referred directly to the coroner by the certifying doctor, would be subject to scrutiny by an independent medical examiner appointed by a primary care trust (or an equivalent organisation in Wales) and with strong links to the National Health Service clinical governance teams;if the medical examiner was satisfied that all was in order, he/she would issue an authorisation enabling the family of the deceased to register the death and proceed to burial or cremation;where the medical examiner was not satisfied that the MCCD told the full story, or felt that there were other unusual circumstances, he/she would refer the case to the coroner for further investigation, along with his/her reasons for doing so;21 May 2008 : Column WA196
Clauses implementing these important reforms will be included in the coroners and death certification Bill announced as part of the Government's draft legislative programme for 2008-09. A summary of responses to the consultation on Improving the Process of Death Certification will be published by the department on 21 May 2008.
The Government believe these proposals represent a transparent, proportionate, consistent and affordable response to the weaknesses identified by the Shipman inquiry that will provide greater protection for the public and improve the quality and accuracy of death certification. The proposals will also improve public health surveillance and remove current inequalities in the way burials and cremations are dealt with.
Immigration: Language Capability
Lord Oakeshott of Seagrove Bay asked Her Majesty's Government:
(a) what standard of spoken or written English, if any, is required for entry for settlement in the United Kingdom by individuals who can show assets of £1,000,000 in a United Kingdom bank account; (b) when that requirement was fixed; and (c) what is the timetable for reviewing that requirement in future. [HL3483]
The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): There are no English-language requirements for entry to the UK in the investor category. Those who wish to apply for settlement as an investor will need to have spent a continuous period of at least five years in the United Kingdom before becoming eligible to apply. Adults aged 18 or over but under the age of 65 who apply for settlement need to demonstrate knowledge of the English language and of “Life in the UK”, unless they are applying under one of the categories which does not contain this requirement.
A person can demonstrate that they have sufficient knowledge of the English language and of life in the UK by passing either the “Life in the UK” test, or by obtaining an English for Speakers of Other Languages (ESOL) with citizenship certificate. This requirement was introduced from 2 April 2007.
The policy requirement to demonstrate knowledge of the English language and of “Life in the UK” will continue with the introduction of the points-based system, tier 1 (investors), later this summer.
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Justice
Lord Laird asked Her Majesty's Government:
Whether they have any proposals to alter the laws protecting the right to liberty and security; if so, when; and whether they will (a) abolish the detention of persons under 18; (b) abolish the detention of immigrants, either on arrival or prior to removal; (c) require communication of reasons for detention in accessible and appropriate language; (d) create a right of detained persons to be visited by medical practitioners, lawyers and family members at any time; and (e) create a presumption against remand; and [HL3461]
Whether they have any proposals to alter the laws on equality and discrimination in the United Kingdom; if so, when; and whether they will (a) widen the grounds of discrimination beyond those protected in European Union law; (b) adopt positive discrimination in favour of defined social groups; and (c) ensure that disabled persons enjoy human rights equally with others; and [HL3462]
Whether they have any proposals to alter the laws on the right to life and protection against state killing; if so, when; and whether they will (a) create an equivalent horizontal right to life, protecting persons from other persons as well as from the state; (b) retrospectively apply the Human Rights Act 1998 to deaths which occurred before 2 October 2000; (c) extend the law on inquests to allow witnesses to be compelled to give evidence; and (d) alter the law on the minimum use of force to create a different test for persons under the age of 18; and [HL3463]
Whether they have any proposals to alter any laws protecting the right to physical integrity; if so, when; and whether they will (a) extend hate-crime legislation to cover all forms of discrimination; and (b) give women the right to control their reproduction; and [HL3464]
Whether they have any proposals to alter the laws prohibiting inhuman or degrading treatment or punishment; if so, when; and whether they will (a) reform the law permitting the return of a person to a country where he may be legally executed; and (b) prohibit evidence obtained through ill treatment or torture from being admissible in criminal proceedings; and [HL3465]
Whether they have any proposals to alter the laws prohibiting slavery and forced labour; if so, when; and whether they will only permit work in prison which is rehabilitative; and [HL3466]
Whether they propose to alter the law on the right to respect for private and family life; if so, when; and whether they will (a) add freedom from domestic violence and the protection of the best interests of the child to those rights; (b) repeal statutory limitations on non-nationals marrying and entering into civil partnerships; (c) strengthen data protection legislation to make processing of data subject to the consent of the persons concerned; and (d) remove all exemptions to disclosure of personal information; and [HL3488]
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Whether they propose to alter the law on the right to freedom of thought, conscience and religion; if so, when; and whether they will abolish all oaths imposed by state bodies; and [HL3489]
Whether they propose to alter the law on the right to freedom of expression; if so, when; and whether they will (a) extend freedom of information legislation to cover information required for the exercise or protection of human rights; (b) add consideration of the best interests of children to the limitations on that right; and (c) alter the law on restrictions on free speech through the extension of anti-hatred legislation to cover all grounds of discrimination; and [HL3490]
Whether they propose to alter the law on the right to freedom of association and peaceful assembly; if so, when; and whether they will (a) reverse the emphasis of the right to make association more important than peaceful assembly; (b) add the right to participate in trade-union activities (including the rights to strike and engage in collective bargaining) to the rights to form and join trade unions; (c) alter the law on restrictions on peaceful assembly and association through the extension of anti-hatred legislation to cover all grounds of discrimination; and (d) grant trade-union rights to the Armed Forces; and [HL3491]
Whether they propose to alter the law on the right to culture, language and identity; if so, when; and whether they will (a) incorporate in domestic law the Framework Convention on the Protection of National Minorities of the Council of Europe; (b) limit cultural, ethnic, linguistic, religious and communal minority rights so as not to conflict with the rights and freedoms of others; (c) protect against coercive cultural assimilation by public bodies; (d) create a right for indigenous and non-indigenous groups to be educated through minority languages; and (e) treat sexual orientation as a basis for national minority status; and [HL3492]
Whether they propose to alter any law on the right to nationality and identity; if so, when; and whether they will (a) create a right in domestic law to nationality equivalent to the right in international law not to be stateless; and (b) add to nationality law provisions barring discrimination on all grounds except nationality; and [HL3517]
Whether they propose to alter any law on the right to education and lifelong learning; if so, when; and whether they will (a) add lifelong learning to the existing right to education; (b) ensure private educational institutions respect democratic principles; (c) work towards the realisation of universal educational access and achievement; (d) create extensive rights for children in education; and (e) ensure education is provided in accordance with parental preferences; and [HL3518]
Whether they propose to alter any law on the right to an adequate standard of living; if so, when; and whether they will (a) create a right to an
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Whether they propose to alter any law on the right to the highest attainable standard of health; if so, when; and whether they will (a) create a right to receive appropriate health and social care; (b) alter the law on reproductive healthcare; (c) work towards the realisation of the right to the highest attainable standard of health; (d) create a right to emergency medical treatment and essential primary healthcare; and (e) create a right for children to have access to information on social and health issues; and [HL3520]
Whether they propose to alter the law on the right to housing; if so, when; and whether they will (a) create a right to adequate housing that is affordable, accessible, habitable, safe and appropriate, with access to public services and social facilities; (b) create a right to appropriate emergency accommodation; (c) work towards the realisation of the right to adequate housing; and (d) make public authorities responsible for housing those evicted by the courts; and [HL3521]
Whether they propose to alter any law on the right to a sustainable environment; if so, when; and whether they will (a) create a right to a sustainable, healthy and safe environment; (b) provide public information on the environment; and (c) foster participation in decisions on planning applications; and [HL3522]
Whether they propose to alter any law on the right to work; if so, when; and whether they will alter the law on (a) the right to choose freely and practise a trade or profession; (b) conditions of work and terms of employment; (c) equal conditions of work for women and men; (d) equal treatment for migrant and national workers; (e) entitlement to rest, leisure, respite and reasonable limitation of working hours, as well as appropriate provision for retirement; and (f) equality of opportunity and fair treatment of pregnant women and workers with children; and [HL3553]
Whether they propose to alter any law on the right to social security; if so, when; and whether they will work towards the realisation of this right, including the right to social assistance, social insurance and pensions; and [HL3554]
Whether they propose to alter any law on the right to a fair and non-discriminatory justice system; if so, when; and whether they will (a) create additional informal justice mechanisms; and (b) ensure that all those in the administration of justice are recruited or appointed on the basis of objective and non-discriminatory criteria relating to qualifications and experience; and [HL3555]
Whether they propose to alter any law on the right to a fair trial; if so, when; and whether they will (a) remove civil rights from the ambit of this right; (b) ensure the right of appeal to a higher tribunal; (c) provide information on rights in
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Whether they propose to alter any law on the right to humane conditions of detention; if so, when; and whether they will (a) ensure there is no deprivation or restriction of any human right except to the extent demonstrably necessitated by the fact of detention; (b) ensure information is provided on the reasons for deprivation of liberty; (c) ensure that treatment or other support that enables reformation and social rehabilitation is provided; (d) ensure that there is prompt access to appropriate legal and medical assistance and pastoral care; (f) provide adequate support for the families and children of prisoners and ex-prisoners; and (g) provide for the reintegration and resettlement of former prisoners into society under the best possible conditions; and [HL3557]
Whether they propose to alter any law on the rights of victims and witnesses to fair treatment; if so, when; and whether they will ensure witnesses are treated in the same manner as victims; and [HL3558]
Whether they propose to alter any law on the rights of children and vulnerable adults as witnesses and victims of crime; if so, when; and whether they will require children and vulnerable adults only to be cross-examined by trained individuals with appropriate expertise; and [HL3617]
Whether they propose to alter any law on the rights of victims of crime or of human rights violations; if so, when; and whether they will (a) require full disclosure of the truth relating to relevant crimes or human rights violations; (b) ensure necessary care and support is provided in accordance with the needs of victims; (c) require thorough investigation of missing persons; (d) ensure that status as a victim of crime is not dependent upon whether the crime is reported to the police; and (e) ensure that lawyers and voluntary sector workers are also to be treated as victims; and [HL3618]
Whether they propose to alter any law on the rights of children and young people in the justice system; if so, when; and whether they will (a) treat every person under 18 as a child; (b) ensure the best interests of the child are the paramount consideration; (c) raise the age of criminal responsibility to 18; and (d) ensure that children are not detained or imprisoned except as a measure of last resort and for the shortest appropriate period of time; and [HL3619]
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Whether they propose to alter any law on the right to participate in public life; if so, when; and whether they will ensure there is (a) the opportunity without discrimination to participate freely in public life and political affairs; (b) a balance of men and women holding domestic and international public positions; (c) equal representation of men and women in the formulation of government policy; and (d) an increased role for women in decision-making with regard to conflict prevention and resolution; and [HL3620]
Whether they propose to alter any law on the right to freedom of movement; if so, when; and whether they will provide (a) the right to a passport for citizens; and (b) special treatment for trafficked people, domestic workers and victims of domestic violence; and [HL3621]
Whether they propose to alter any law on the right to choose a nomadic or settled lifestyle; if so, when; and whether they will permit persons to change from one lifestyle to another; and [HL3664]
Whether they propose to alter any law on the rights of the child; if so, when; and whether they will (a) extend all human rights and fundamental freedoms to children; (b) ensure the best interests of the child are the paramount consideration for all public bodies and private institutions; (c) ensure the right of children to participate; (d) ensure a child's right to a stable, safe and secure family environment; (e) provide a right to play; and (f) ensure that under-18s are not recruited into the Armed Forces; and [HL3665]
Whether they plan to repeal the Human Rights Act 1998 in part or all of the United Kingdom; and [HL3666]
Whether they plan to dispense with the United Kingdom's powers to derogate from and to make reservations under the European Convention on Human Rights; and [HL3667]
Whether they plan to empower the courts of the United Kingdom to apply unincorporated international human rights law; and [HL3668]
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Hunt of Kings Heath): In view of the number and breadth of the Questions posed by the noble Lord, I shall reply to him by means of a letter once I have collated the information relevant to his Questions; and I shall place a copy of that letter in the Library.
Pre-Budget Report: North Sea
Lord Barnett asked Her Majesty's Government:
What revenues (if any) accrue from the North Sea in addition to those in table B8 in the 2007 Pre-Budget Report (Cm 7227). [HL3645]
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Lord Davies of Oldham: The North Sea revenues line in table B8 of the 2007 Pre-Budget Report includes all direct tax revenues accruing to the Government from profits made from oil and gas production. The breakdown of these revenues can be found in more detail in HM Revenue and Customs statistics at table 11.11, which is published on the HMRC website at www.hmrc.gov.uk/stats/corporate_tax/table11-11.pdf.
In addition the Government, through the Department for Business, Enterprise and Regulatory Reform, also collect licence fees from licence holders. In 2007-08 these amounted to £60 million.
Questions for Written Answer: Guidance to Civil Servants
Baroness Miller of Chilthorne Domer asked Her Majesty's Government:
What is the most recent guidance that has been issued to civil servants by the Department for Environment, Food and Rural Affairs on the drafting of Answers to Questions for Written Answer in the House of Lords. [HL3546]
The Minister of State, Department for Environment, Food and Rural Affairs (Lord Rooker): Cabinet Office guidance for civil servants on drafting Answers to Parliamentary Questions was published in February 2005. A copy of the guidance is in the Library of the House. It can also be found on the Cabinet Office website at www.cabinetoffice.gov.uk/propriety_and _ethics/civil_service/pq_quidance.aspx.
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