Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government when they received the Joint Inspectorate report into disclosure of evidence; and when the Attorney General launched his review of the rules and guidance relating to the disclosure of evidence.
Answered by Lord Keen of Elie
The Attorney General’s Office received a copy of the Report of the Joint Inspection of the Disclosure of Unused Material in Volume Crown Court Cases from HM Crown Prosecution Service Inspectorate on 4th July 2017.
The findings, and updates on progress against the report’s recommendations, were discussed at regular superintendence meetings with the Director of Public Prosecutions.
The Attorney General’s review was scoped and planned over subsequent months and the review team commenced work on the review itself on 4th December 2017.
On 11th December 2017 in a written ministerial statement on economic crime and anti-corruption [HLWS325], the Home Secretary formally announced that there would be a review of disclosure procedures led by the Attorney General.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government what consideration has been given to amending the DVLA guidance for persons with diabetes to allow for those who use flash glucose monitoring and any other new technology to measure glucose levels.
Answered by Baroness Sugg
The Driver and Vehicle Licensing Agency (DVLA) recognises that developments in this field are moving quickly and in January 2018, the specific reference to “blood glucose monitoring” was removed from the relevant regulations. This will potentially allow alternative methods of glucose monitoring to be accommodated in the future if it is deemed appropriate by expert medical opinion in the context of driving and maintaining road safety.
The DVLA is working closely with the Secretary of State for Transport’s Honorary Medical Advisory Panel on driving and diabetes mellitus to understand the potential impacts of allowing the use of alternative methods of glucose monitoring. This issue was discussed at the panel’s October meeting. The panel feels that there is currently insufficient evidence about the use of flash glucose monitoring devices in the context of driving to ensure road safety standards are maintained. The panel will continue to consider further evidence as it emerges.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 8 January (HL4364), whether there have been instances where the advice of the law officers has been shared with Parliament in the last 30 years.
Answered by Lord Keen of Elie
There have been rare instances in the past where a Minister has shared legal advice with Parliament. However, the policy of successive Governments (in line with Constitutional convention) remains that we do not comment on advice that may or may not have been given by the Law Officers, other than in exceptional circumstances and with the Law Officers’ consent.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government, further to the Written Answer by Lord Young of Cookham on 5 December 2017 (HL3493), what significant increase in the decision-making powers for the devolved administrations they are considering; and whether they will retain any of the powers returned from Brussels which are currently vested in the devolved administrations.
Answered by Lord Young of Cookham
The Government is working closely with the devolved administrations to determine where common approaches will and will not be required in the future. The Government is clear that none of the existing decision-making powers of the devolved administrations will be taken away and that it expects an increase in the decision making powers for the devolved administrations as a result of this process.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government what discussions the Attorney General has had with the Director of Public Prosecutions regarding trials where the prosecution has ceased to prosecute rape cases in recent months; and how many rape cases have been discontinued in court due to a failure to disclose evidence in the last three months.
Answered by Lord Keen of Elie
The Attorney General has frequent discussions with the Director of Public Prosecutions (DPP) on a range of issues relating to the prosecution of rape and sexual offending.
This month the DPP is bringing together partners from across the criminal justice system to discuss the challenges of satisfying the statutory disclosure test in the digital age.
More broadly, the Attorney General has also announced that he is undertaking a review of disclosure in the criminal justice system to ensure it is fit for purpose.
There are a number of reasons why a rape prosecution may not be continued with. Internal CPS case outcome recording data for 2016-17 shows that issues connected to the disclosure of unused material were recorded as the primary reason for 2% of the rape prosecutions that were subsequently not proceeded with after charge. More recent data are not currently available.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government, further to the reply by Viscount Younger of Leckie on 13 December (HL Deb, cols 1552–4), whether any Government body, other than the Student Loans Company, provides loans on which interest is charged at six per cent or more per annum.
Answered by Lord Bates
The Government has issued many loans over the years and interest rates have varied considerably over time. Given this, details of all loans issued and the rates applied are not held centrally by HM Treasury.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether the National Institute for Health and Care Excellence has undertaken any evaluation of glucose monitors used by people living with diabetes; if so, whether such monitors are approved for use; and what assessment they have made of the decision taken by some Clinical Commissioning Groups not to prescribe such monitors to diabetes patients.
Answered by Lord O'Shaughnessy
The National Institute for Health and Care Excellence (NICE) has evaluated the following glucose monitors used by people living with diabetes:
- Integrated sensor-augmented pump therapy systems for managing blood glucose levels in type 1 diabetes (the MiniMed Paradigm Veo system and the Vibe and G4 PLATINUM CGM system). NICE has evaluated these products through its diagnostics programme. The MiniMed Paradigm Veo system is recommended as an option for managing blood glucose levels in people with type 1 diabetes only if they have episodes of disabling hypoglycaemia despite optimal management with continuous subcutaneous insulin infusion.
- MiniMed 640G system with SmartGuard for managing blood glucose levels in people with type 1 diabetes. This is a NICE advice product, developed under its Medtech innovation briefings (MIBs) programme. MIBs provide a summary of the best available evidence for selected new technologies and are designed to assist National Health Service planning and decision-making. MIBs are not designed to include treatment advice but provide a critical review of the strengths and weaknesses of the relevant evidence, therefore NICE do not make any recommendations for (or against) funding the device.
- FreeStyle Libre for glucose monitoring, which measures interstitial fluid glucose levels in people with diabetes. This is also a Medtech innovation briefing therefore NICE do not make any recommendations for funding the device.
In addition, the Regional Medicines Optimisation Committee (North), one of four Committees established by NHS England to provide advice to the NHS, reviewed the use of the Freestyle Libre at its meeting on 26 October 2017. In developing its advice, the Committee took into account the MIB published by NICE. The Committee has issued guidance on the use of Freestyle Libre suggesting a careful start to its use and data collection to better understand the benefits. Freestyle Libre has been approved for reimbursement on NHS prescription from 1 November through listing in Part IX of the Drug Tariff.
NICE does not have a role in proactively monitoring the delivery of local services, so it has not made any assessment of decisions taken by some clinical commissioning groups not to fund these technologies.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government whether they gave an accurate statement to Buckingham Palace regarding the state of negotiations with the Democratic Unionist Party following the 2017 General Election.
Answered by Lord Young of Cookham
Updates were provided to the Palace following the 2017 General Election accurately reflecting the latest understanding of discussions with the Democratic Unionist Party on reaching a Confidence and Supply Agreement.
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Ministry of Defence:
Her Majesty's Government whether they intend to examine the operation of section 42 of the Armed Forces Act 2006.
Answered by Earl Howe - Deputy Leader of the House of Lords
The Service Justice System is kept under regular review and is subject to Parliamentary scrutiny every five years when the Armed Forces Act 2006 is renewed. The last such renewal was in 2016 and, during the passage of the Armed Forces Act, key aspects of the system were scrutinised and debated in both Houses and no significant changes to the system were made. The provisions of the Act will next need to be renewed in 2021 and we are already beginning to think about how best to use that opportunity to look at key aspects of the Service Justice System to ensure it continues to meet the needs of our Armed Forces
Asked by: Lord Morris of Aberavon (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government, further to the response by Baroness Williams of Trafford on 17 October (HL Deb, col 2164), what is meant by the word formally, what other concerns were raised, what exactly the Home Secretary and Permanent Secretary of the Home Office were told, and whether they will publish the full record of their exchange with officials at the level of Assistant Secretary or equivalent and above.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Secretary and the Permanent Secretary set out the position on the floor of the House and to the Home Affairs Select Committee on 17 and 18 October respectively.