Penalty could keep smokers out of health overhaul

WASHINGTON (AP) — Millions of smokers could be priced out of health insurance because of tobacco penalties in President Barack Obama's health care law, according to experts who are just now teasing out the potential impact of a little-noted provision in the massive legislation.

The Affordable Care Act — "Obamacare" to its detractors — allows health insurers to charge smokers buying individual policies up to 50 percent higher premiums starting next Jan. 1.

For a 55-year-old smoker, the penalty could reach nearly $4,250 a year. A 60-year-old could wind up paying nearly $5,100 on top of premiums.

Younger smokers could be charged lower penalties under rules proposed last fall by the Obama administration. But older smokers could face a heavy hit on their household budgets at a time in life when smoking-related illnesses tend to emerge.

Workers covered on the job would be able to avoid tobacco penalties by joining smoking cessation programs, because employer plans operate under different rules. But experts say that option is not guaranteed to smokers trying to purchase coverage individually.

Nearly one of every five U.S. adults smokes. That share is higher among lower-income people, who also are more likely to work in jobs that don't come with health insurance and would therefore depend on the new federal health care law. Smoking increases the risk of developing heart disease, lung problems and cancer, contributing to nearly 450,000 deaths a year.

Insurers won't be allowed to charge more under the overhaul for people who are overweight, or have a health condition like a bad back or a heart that skips beats — but they can charge more if a person smokes.

Starting next Jan. 1, the federal health care law will make it possible for people who can't get coverage now to buy private policies, providing tax credits to keep the premiums affordable. Although the law prohibits insurance companies from turning away the sick, the penalties for smokers could have the same effect in many cases, keeping out potentially costly patients.

"We don't want to create barriers for people to get health care coverage," said California state Assemblyman Richard Pan, who is working on a law in his state that would limit insurers' ability to charge smokers more. The federal law allows states to limit or change the smoking penalty.

"We want people who are smoking to get smoking cessation treatment," added Pan, a pediatrician who represents the Sacramento area.

Obama administration officials declined to be interviewed for this article, but a former consumer protection regulator for the government is raising questions.

"If you are an insurer and there is a group of smokers you don't want in your pool, the ones you really don't want are the ones who have been smoking for 20 or 30 years," said Karen Pollitz, an expert on individual health insurance markets with the nonpartisan Kaiser Family Foundation. "You would have the flexibility to discourage them."

Several provisions in the federal health care law work together to leave older smokers with a bleak set of financial options, said Pollitz, formerly deputy director of the Office of Consumer Support in the federal Health and Human Services Department.

First, the law allows insurers to charge older adults up to three times as much as their youngest customers.

Second, the law allows insurers to levy the full 50 percent penalty on older smokers while charging less to younger ones.

And finally, government tax credits that will be available to help pay premiums cannot be used to offset the cost of penalties for smokers.

Here's how the math would work:

Take a hypothetical 60-year-old smoker making $35,000 a year. Estimated premiums for coverage in the new private health insurance markets under Obama's law would total $10,172. That person would be eligible for a tax credit that brings the cost down to $3,325.

But the smoking penalty could add $5,086 to the cost. And since federal tax credits can't be used to offset the penalty, the smoker's total cost for health insurance would be $8,411, or 24 percent of income. That's considered unaffordable under the federal law. The numbers were estimated using the online Kaiser Health Reform Subsidy Calculator.

"The effect of the smoking (penalty) allowed under the law would be that lower-income smokers could not afford health insurance," said Richard Curtis, president of the Institute for Health Policy Solutions, a nonpartisan research group that called attention to the issue with a study about the potential impact in California.

In today's world, insurers can simply turn down a smoker. Under Obama's overhaul, would they actually charge the full 50 percent? After all, workplace anti-smoking programs that use penalties usually charge far less, maybe $75 or $100 a month.

Robert Laszewski, a consultant who previously worked in the insurance industry, says there's a good reason to charge the maximum.

"If you don't charge the 50 percent, your competitor is going to do it, and you are going to get a disproportionate share of the less-healthy older smokers," said Laszewski. "They are going to have to play defense."

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Online:

Kaiser Health Reform Subsidy Calculator — http://healthreform.kff.org/subsidycalculator.aspx

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Mars Rover Celebrates Milestone on Red Planet

It was never supposed to last this long. When the Mars rover Opportunity settled on the Martian surface nine years ago today, mission managers at NASA said they would be pleased if it lasted for 90 days.

Instead, it's been 3,201 days, and still counting. The rover has driven 22.03 miles, mostly at a snail's pace, from one crater to another, stopping for months at a time in the frigid Martian winters. The six motorized wheels, rated to turn 2.5 million times, have lasted 70 million, and are all still working.

"Opportunity is still in very good health, especially considering what it's gone through," said John Callas, manager of NASA's Mars Exploration Rover project. The surface of Mars is a pretty tough place; there can be temperature fluctuations of a hundred degrees each day. That's pretty hard on the hardware."

Video: '7 Minutes of Terror: A Landing on Mars

When Opportunity and its twin rover, Spirit, reached Mars in January 2004, there was a fair bit of sniping that NASA, with all that 90-day talk, was playing down expectations. It escalated when Steve Squyres of Cornell University, the principal investigator for the missions, said things like, "We're on Sol 300 of a 90-Sol mission." (A Sol is a day on Mars, and lasts 24 hours, 39 minutes.) Callas and others have insisted that the prediction was based on engineering, not a nod to public relations.

"There was an expectation that airfall dust would accumulate on the rover, so that its solar panels would be able to gather less electricity," said Callas. "We saw that on Pathfinder," a small rover that landed on Mars in 1997." The cold climate was also expected to be hard on the rovers' batteries, and changes in temperature from night to day would probably pop a circuit or two.

Instead, the temperatures weren't quite as tough as engineers had expected, and the rovers proved tougher. They did become filthy as the red Martian dust settled on them, reducing the sunlight on the solar panels -- but every now and then a healthy gust came along, surprising everyone on Earth by cleaning the ships off.

Click Here for Pictures: Postcards From Mars

Spirit, in hilly territory on the other side of the planet, finally got stuck in crusty soil in 2009, and its radio went silent the next year. But Opportunity, though it's had some close calls, is -- well, you remember those commercials about the Energizer bunny.

So what do you do with an aging rover on a faraway planet? You keep using it. In its first weeks, NASA said Opportunity found chemical proof that there had once been standing water on the surface of Mars -- good news if you're looking for signs that the planet could once have been friendly to life. Since then, it's been sent to other places, with rocks and soil that are probably older, and with clay that may have been left by ancient rivers.

About 20 NASA staff members still work full-time on Opportunity at the Jet Propulsion Laboratory in Pasadena, Calif. Another 60 split their time between Opportunity and other projects, such as the Curiosity rover that landed last August. About 100 scientists, doing research on Mars, pop in and out.

In a few months, Callas said, Opportunity will head to an area nicknamed Cape Tribulation. The clay there could be rich in the minerals suggestive of past life.

They haven't done much to mark the ninth anniversary or the 3,200th Martian day, just a get-together earlier this week during a previously scheduled science conference. After that, Callas said, it was back to work.

"It's like keeping your car going," he said, "without ever having a chance to change the oil."

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North Korea to target U.S. with nuclear, rocket tests

SEOUL (Reuters) - North Korea said on Thursday it would carry out further rocket launches and a nuclear test that would target the United States, dramatically stepping up its threats against a country it called its "sworn enemy".

The announcement by the country's top military body came a day after the U.N. Security Council agreed to a U.S.-backed resolution to censure and sanction North Korea for a rocket launch in December that breached U.N. rules.

North Korea is not believed to have the technology to deliver a nuclear warhead capable of hitting the continental United States, although its December launch showed it had the capacity to deliver a rocket that could travel 10,000 km (6,200 miles), potentially putting San Francisco in range, according to an intelligence assessment by South Korea.

"We are not disguising the fact that the various satellites and long-range rockets that we will fire and the high-level nuclear test we will carry out are targeted at the United States," North Korea's National Defence Commission said, according to state news agency KCNA.

North Korea is believed by South Korea and other observers to be "technically ready" for a third nuclear test, and the decision to go ahead rests with leader Kim Jong-un, who pressed ahead with the December rocket launch in defiance of the U.N. sanctions.

China, the one major diplomatic ally of the isolated and impoverished North, agreed to the U.S.-backed resolution and it also supported resolutions in 2006 and 2009 after Pyongyang's two earlier nuclear tests.

Thursday's statement by North Korea represents a huge challenge to Beijing as it undergoes a leadership transition, with Xi Jinping due to take office in March.

China's Foreign Ministry called for calm and restraint and a return to six-party talks, but effectively singled out North Korea, urging the "relevant party" not to take any steps that would raise tensions.

"We hope the relevant party can remain calm and act and speak in a cautious and prudent way and not take any steps which may further worsen the situation," ministry spokesman Hong Lei told reporters at a regular press briefing.

North Korea has rejected proposals to restart the talks aimed at reining in its nuclear capacity. The United States, China, Russia, Japan and the two Koreas are the six parties involved.

"After all these years and numerous rounds of six-party talks we can see that China's influence over North Korea is actually very limited. All China can do is try to persuade them not to carry out their threats," said Cai Jian, an expert on Korea at Fudan University in Shanghai.

Analysts said the North could test as early as February as South Korea prepares to install a new, untested president or that it could choose to stage a nuclear explosion to coincide with former ruler Kim Jong-il's Feb 16 birthday.

"North Korea will have felt betrayed by China for agreeing to the latest U.N. resolution and they might be targeting (China) as well (with this statement)," said Lee Seung-yeol, senior research fellow at Ewha Institute of Unification Studies in Seoul.

U.S. URGES NO TEST

Washington urged North Korea not to proceed with a third test just as the North's statement was published on Thursday.

"Whether North Korea tests or not is up to North Korea," Glyn Davies, the top U.S. envoy for North Korean diplomacy, said in the South Korean capital of Seoul.

"We hope they don't do it. We call on them not to do it," Davies said after a meeting with South Korean officials. "This is not a moment to increase tensions on the Korean peninsula."

The North was banned from developing missile and nuclear technology under sanctions dating from its 2006 and 2009 nuclear tests.

A South Korean military official said the concern now is that Pyongyang could undertake a third nuclear test using highly enriched uranium for the first time, opening a second path to a bomb.

North Korea's 2006 nuclear test using plutonium produced a puny yield equivalent to one kiloton of TNT - compared with 13-18 kilotons for the Hiroshima bomb - and U.S. intelligence estimates put the 2009 test's yield at roughly two kilotons

North Korea is estimated to have enough fissile material for about a dozen plutonium warheads, although estimates vary, and intelligence reports suggest that it has been enriching uranium to supplement that stock and give it a second path to the bomb.

According to estimates from the Institute for Science and International Security from late 2012, North Korea could have enough weapons grade uranium for 21-32 nuclear weapons by 2016 if it used one centrifuge at its Yongbyon nuclear plant to enrich uranium to weapons grade.

North Korea has not yet mastered the technology needed to make a nuclear warhead small enough for an intercontinental missile, most observers say, and needs to develop the capacity to shield any warhead from re-entry into the earth's atmosphere.

North Korea gave no time-frame for the coming test and often employs harsh rhetoric in response to U.N. and U.S. actions that it sees as hostile.

The bellicose statement on Thursday appeared to dent any remaining hopes that Kim Jong-un, believed to be 30 years old, would pursue a different path from his father, Kim Jong-il, who oversaw the country's military and nuclear programs.

The older Kim died in December 2011.

"The UNSC (Security Council) resolution masterminded by the U.S. has brought its hostile policy towards the Democratic Peoples Republic of Korea (North Korea) to its most dangerous stage," the commission was quoted as saying.

(Additional reporting by Christine Kim in SEOUL, Ben Blanchard and Sui-Lee Wee in Beijing; Writing by David Chance; Editing by Raju Gopalakrishnan and Ron Popeski)

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North Korea plans nuclear test aimed at US amid sanctions

SEOUL: North Korea said Thursday it planned to carry out a third nuclear test aimed at its "arch-enemy" the United States in response to tightened UN sanctions, a statement condemned by Washington as "needlessly provocative".

The announcement also prompted a call for restraint from the North's sole major ally China, and a warning from rival South Korea to heed the demands of the international community.

Following a UN Security Council meeting this week, the communist state hurled fresh invective at its US-led foes in a statement from its National Defence Commission, without specifying when the nuclear test might take place.

But it said the test -- which would follow detonations in 2006 and 2009 that were condemned around the world -- would be part of an "upcoming all-out action" that marked a "new phase" in the country's anti-US struggle.

"We do not hide that the various satellites and long-range rockets we will continue to launch, as well as the high-level nuclear test we will proceed with, are aimed at our arch-enemy the United States," the commission said.

"Settling accounts with the US needs to be done with force, not with words," it added in the statement, carried by the official Korean Central News Agency.

Reacting to the missive, White House spokesman Jay Carney said: "North Korea's statement is needlessly provocative." He added a nuclear test would be a significant violation of UN sanctions and would further isolate Pyongyang.

The US Treasury meanwhile imposed sanctions on two Beijing-based North Korean bankers for their role in exporting Pyongyang's weapons technology and equipment, including to Iran.

Also named for sanctions was a Hong Kong-based trading company which the Treasury said facilitates weapons-related shipments on behalf of Pyongyang's "premier arms dealer", the Mining Development Trading Corporation known as KOMID, the Treasury said.

While North Korea did not elaborate on the meaning of "high-level", some experts have predicted that the country's next test might be of a uranium bomb, rather than the plutonium devices it detonated on the two previous occasions.

Such a development would indicate it had mastered the sophisticated technology needed to produce highly enriched uranium (HEU).

"The statement reads like typical North Korean brinkmanship, and we can't definitely say a test is imminent," said Kim Yong-Hyun, professor of North Korea studies at Dongguk University.

"But it's highly possible that it will use HEU for the test when it happens," Kim said.

While declining to name North Korea, China's foreign ministry said "all relevant parties" with a stake in the Korean peninsula should "refrain from action that might escalate the situation in the region."

The North's threat coincided with a visit to Seoul by the US special envoy on North Korea, Glyn Davies, who urged Pyongyang not to go ahead with a third test.

"Whether North Korea tests or not, it's up to North Korea," Davies told reporters after a meeting with his South Korean counterpart, speaking shortly before the North's statement.

"We hope they don't do it, we call on them not to do it. It would be a mistake and a missed opportunity if they were to do it," he said.

South Korea's foreign ministry spokesman voiced deep regret over the test threat and urged Pyongyang to heed the "constant warnings" against further provocative acts.

Much of the North's statement was devoted to condemning Tuesday's announcement by the UN Security Council of expanded sanctions against Pyongyang in response to its long-range rocket launch last month.

"We absolutely refute all the illegal and outlawed resolutions adopted by the Security Council," the commission said.

Tuesday's resolution, proposed by the United States, was adopted unanimously by the 15-nation council, including the North's sole major ally China.

As well as adding a number of North Korea entities and individuals to an existing UN sanctions list, the resolution threatened "significant action" if the North stages a nuclear test.

The UN said Thursday that the international community must put "pressure" on North Korea to stop it carrying out a nuclear weapons test.

"The international community has to bring pressure to bear on the North Koreans," a spokesman for UN leader Ban Ki-moon told reporters.

South Korean defence ministry spokesman Wi Yong-Seop told reporters that Seoul believed the North was capable of conducting a test "any time its leadership decides to do so".

Last month a US think-tank reached a similar conclusion based on satellite photos, suggesting the North had repaired rain damage at its nuclear test site and could conduct a detonation at two weeks' notice.

- AFP/jc

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US hit by new stomach bug spreading around globe

NEW YORK (AP) — A new strain of stomach bug sweeping the globe is taking over in the U.S., health officials say.

Since September, more than 140 outbreaks in the U.S. have been caused by the new Sydney strain of norovirus. It may not be unusually dangerous; some scientists don't think it is. But it is different, and many people might not be able to fight off its gut-wrenching effects.

Clearly, it's having an impact. The new strain is making people sick in Japan, Western Europe, and other parts of the world. It was first identified last year in Australia and called the Sydney strain.

In the U.S., it is now accounting for about 60 percent of norovirus outbreaks, according to report released Thursday by the Centers for Disease Control and Prevention.

Norovirus — once known as Norwalk virus — is highly contagious and often spreads in places like schools, cruise ships and nursing homes, especially during the winter. Last month, 220 people on the Queen Mary II were stricken during a Caribbean cruise.

Sometimes mistakenly called stomach flu, the virus causes bouts of vomiting and diarrhea for a few days.

Every two or three years, a new strain evolves — the last was in 2009. The Sydney strain's appearance has coincided with a spike in influenza, perhaps contributing to the perception that this is a particularly bad flu season in the U.S.

Ian Goodfellow, a prominent researcher at England's University of Cambridge, calls norovirus 'the Ferrari of viruses' for the speed at which it passes through a large group of people.

"It can sweep through an environment very, very quickly. You can be feeling quite fine one minute and within several hours suffer continuous vomiting and diarrhea," he said.

Health officials have grown better at detecting new strains and figuring out which one is the culprit. They now know that norovirus is also the most common cause of food poisoning in the U.S.

It's spread by infected food handlers who don't do a good job washing their hands after using the bathroom. But unlike salmonella and other foodborne illnesses, norovirus can also spread in the air, through droplets that fly when a sick person vomits.

"It's a headache" to try to control, said Dr. John Crane, a University of Buffalo infectious disease specialist who had to deal with a norovirus outbreak in a hospital ward a couple of years ago.

Each year, noroviruses cause an estimated 21 million illnesses and 800 deaths, the CDC says.

For those infected, there's really no medicine. They just have to ride it out for the day or two of severe symptoms, and guard against dehydration, experts said.

The illness even got the attention of comedian Stephen Colbert, who this week tweeted: "Remember, if you're in public and have the winter vomiting bug, be polite and vomit into your elbow."

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Online:

CDC report: http://www.cdc.gov/mmwr

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Exterminator Charged in Pa. Doctor's Murder

An exterminator named Joseph Smith was arrested and charged today in the strangling and burning death of Philadelphia pediatrician Melissa Ketunuti.

Smith, 36, had been sent to Ketunuti's home on a service call where the two got into "some kind of argument" in Ketunuti's basement on Monday, Capt. James Clark of the Philadelphia police department said this morning.

"At her home they got into an argument. It went terribly wrong. He struck her, and knocked her to the ground," Clark said. "Immediately he jumped on top of her, started strangling her. She passed out, and then he set her body on fire."

Clark said Smith burned the woman's body "to hide evidence like DNA." He said "at some point, he bound her up." The doctor was found with her hands and feet tied behind her back.

The captain said that before today's arrest Smith's record consisted of only "minor traffic offenses."

Philadelphia Police Department/AP Photo

Pa. Doctor Killing: Person of Interest in Custody Watch Video

Philadelphia Doctor's Murder Leaves Police Baffled Watch Video

Police received a call from Ketunuti's dog-walker about the house fire around 12:30 p.m. Monday, and once inside found Ketunuti with her hands and feet bound. They believe Smith hit her and strangled her with a rope, causing her to pass out, and then bound her body and set fire to it in order to destroy evidence, including DNA evidence.

Ketunuti, 35, was fully clothed and police do not believe she was sexually assaulted.

She was a doctor at Children's Hospital of Philadelphia and had lived alone in the Graduate Hospital neighborhood of the city for about three years.

Clark said that homicide detectives scoured the neighborhood for surveillance videos from nearby stores and businesses, and through the video identified the suspect.

Smith was spotted on video getting out of the vehicle and following Ketunuti to her home. The man left her home after an hour and was seen on video circling her home.

Detectives drove to Clark's home in Levittown, Pa., outside of Philadelphia where he lives with a girlfriend and her child, on Wednesday night and brought him back to the Philadelphia police station.

A silver Ford truck was towed from Smith's home, which was the same truck spotted on surveillance video Monday in Ketunuti's neighborhood, sources told ABC News affiliate WPVI.

There, he gave statements that led police to charge him with the murders, Clark said.

Smith will face charges of murder, arson, and abuse of a corpse.

Ketunuti's hospital issued a statement Tuesday that she was "a warm, caring, earnest, bright young woman with her whole future ahead of her," adding that she will be deeply missed.

"[She was] super pleasant, really nice," one neighbor said. "Just super friendly."

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Cameron promises Britons contentious vote on EU future

LONDON (Reuters) - Prime Minister David Cameron on Wednesday promised Britons a vote on whether the country should stay in the European Union or leave, rattling London's biggest allies and some investors by raising the prospect of uncertainty and upheaval.

Cameron announced the referendum would be held by the end of 2017, provided he wins the next election, and said that while Britain did not want to retreat from the world, public disillusionment with the EU was at "an all-time high".

"It is time for the British people to have their say. It is time for us to settle this question about Britain and Europe," Cameron said in a speech, adding that his Conservative party would campaign for the 2015 election on a promise to renegotiate the terms of Britain's EU membership.

"When we have negotiated that new settlement, we will give the British people a referendum with a very simple in or out choice to stay in the European Union on these new terms; or come out altogether. It will be an in-out referendum."

A referendum would mark the second time Britons have voted on the issue. In 1975, they decided by a wide margin to stay in the EU's predecessor, two years after the country had joined.

Domestically, Cameron stands on relatively firm ground. Most recent opinion polls have shown a slim majority would vote to leave the EU amid often bitter disenchantment about its influence on the British way of life. However, a poll this week showed a majority wanted to stay.

Cameron's position is fraught with uncertainty. He must come from behind to win the next election, secure support from the EU's 26 other states for a new British role, and hope those countries can persuade their voters to back the changes.

Critics say that in the long run-up to a vote, Britain would slip into a dangerous and damaging limbo that could leave the country adrift or pushed out of the EU.

The United States, a close ally, is also uneasy about the plan, believing it will dilute Britain's international clout. President Barack Obama told Cameron by phone last week that Washington valued "a strong UK in a strong European Union".

Some of Britain's European partners were also anxious and told Cameron on Wednesday his strategy reflected a selfish and ignorant attitude. However, Angela Merkel, the leader of EU paymaster Germany, was quick to say she was ready to discuss Cameron's ideas.

French Foreign Minister Laurent Fabius was less diplomatic, quipping: "If Britain wants to leave Europe we will roll out the red carpet for you," echoing Cameron, who once used the same words to invite rich Frenchmen alienated by high taxes to move to Britain.

Billed by commentators as the most important speech of Cameron's career, his referendum promise ties him firmly to an issue that has bedeviled a generation of Conservative leaders.

In the past, he has been careful to avoid bruising partisan fights over Europe, an issue that undid the last two Conservative prime ministers, John Major and Margaret Thatcher.

His speech appeared to pacify a powerful Eurosceptic wing inside his own party, but deepen rifts with the Liberal Democrats, the junior partners in his coalition. Their leader, Deputy Prime Minister Nick Clegg, said the plan would undermine a fragile economic recovery.

Sterling fell to its lowest in nearly five months against the dollar on Wednesday as Cameron was speaking.

"BREXIT"?

Cameron said he would seek to claw back powers from Brussels, saying later in parliament that when it came to employment, social and environmental legislation "Europe has gone far too far".

But such a claw back - the subject of an internal audit to identify which powers he should target for repatriation - is likely to be easier said than done.

If Cameron wins the election but then fails to renegotiate Britain's membership of the EU, a 'Brexit' could loom.

Business leaders have warned that years of doubt over Britain's EU membership would damage the $2.5 trillion economy and cool the investment climate.

"Having a referendum creates more uncertainty and we don't need that," Martin Sorrell, chief executive of advertising giant WPP, told the World Economic Forum in Davos. "This is a political decision. This is not an economic decision. This isn't good news. You added another reason why people will postpone investment decisions."

Cameron has been pushed into taking such a strong position partly by the rise of the UK Independence Party, which favors complete withdrawal from the EU and has climbed to third in the opinion polls, mainly at the expense of the Conservatives.

"All he's trying to do is to kick the can down the road and to try and get UKIP off his back," said UKIP leader Nigel Farage.

Eurosceptics in Cameron's party, who have threatened to stir up trouble for the premier, were thrilled by the speech.

Conservative lawmaker Peter Bone called it "a terrific victory" that would unify 98 percent of the party. "He's the first prime minister to say he wants to bring back powers from Brussels," Bone told Reuters. "It's pretty powerful stuff".

Whether Cameron holds the referendum remains as uncertain as the Conservatives' chances of winning the election. They trail the opposition Labour party in opinion polls, and the coalition is grappling with a stagnating economy as it pushes through unpopular public spending cuts to reduce a large budget deficit.

Labour leader Ed Miliband said on Wednesday his party did not want an in/out referendum.

EU REFORM

Cameron said he would campaign for Britain to stay in the EU "with all my heart and soul", provided he secured the reforms he wants. He made clear the EU must become less bureaucratic and focus more on trade deals. It was riskier to maintain the status quo than to change, he said.

"The biggest danger to the European Union comes not from those who advocate change, but from those who denounce new thinking as heresy," he said.

Cameron said the euro zone debt crisis was forcing the bloc to change and that Britain would fight to make sure new rules were fair to the 10 countries that don't use the common currency, of which Britain is the largest.

Democratic consent for the EU in Britain was now "wafer thin", he said. "Some people say that to point this out is irresponsible, creates uncertainty for business and puts a question mark over Britain's place in the European Union," said Cameron. "But the question mark is already there: ignoring it won't make it go away."

A YouGov opinion poll on Monday showed that more people wanted to stay in the EU than leave it, the first such result in many months. But it was unclear whether that result was a blip.

Paul Chipperfield, a 53-year-old management consultant, said he liked the strategy. "Cameron's making the right move because I don't think we've had enough debate in this country," he told Reuters. "We should be part of the EU but the EU needs to recognize that not everybody's going to jump on the same bandwagon."

Asked after the speech whether other EU countries would agree to renegotiate Britain's membership, Cameron said he was an optimist and that there was "every chance of success".

"I don't want Britain to leave the EU," he told parliament later. "I want Britain to reform the EU."

In the 1975 referendum, just over 67 percent voted to stay inside with nearly 33 percent against.

(Additional reporting by Paul Taylor in Davos, Alexandra Hudson in Berlin and Brenda Goh in London; Editing by Guy Faulconbridge and David Stamp)

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Global elite cautiously optimistic as Davos opens

DAVOS: The world's top politicians and business leaders opened their annual Davos meeting on Wednesday, hoping they might finally have seen the back of a crippling global economic crisis.

Kicking off a four-day extravaganza in the picturesque Swiss ski resort, the head of the International Monetary Fund, Christine Lagarde, noted there had been "some respite and some stabilisation" on the financial markets recently.

"The short-term pressures might have alleviated, but the longer-term pressures are still with us," she added.

While the 2012 meeting was dominated by the eurozone debt crisis and fears Greece could be forced out of the bloc, this year's gathering appeared to be marked by a feeling the global economy might be turning the corner.

"I feel the circumstances in which I'm addressing you today are very different than 12 months ago," said Italian Prime Minister Mario Monti as he delivered the opening speech.

And Axel Weber, the head of Swiss banking giant UBS and former head of the German central bank, said: "The economy has turned, most of the markets have picked up... the major economies are recovering."

Nevertheless, Weber warned that the recovery was "slow and muted" and warned: "In particular, one dimension is missing. Jobs are lost and are not coming back quickly."

The first world leader to address the forum, Russian Prime Minister Dmitry Medvedev, was also in bullish mood, telling the assembled elite that his country grew 3.5 per cent last year and aimed for five per cent growth annually.

But with the sunnier mood came also warnings that the three-year eurozone debt woes could resurface if regulators in particular did not learn the lessons of previous financial crises.

"If we do everything right, we will get out of this. If we don't, this could last another 10 years," said Jamie Dimon, chief executive of JP Morgan Chase.

Events elsewhere often hijack the agenda at the World Economic Forum in Davos and this year was no different, with British Prime Minister David Cameron's vow to hold a referendum on EU membership by 2017 setting tongues wagging.

To applause from the assembled elite, Monti said: "I am confident that if there is to be a referendum, the UK citizens will decide to stay in the EU and contribute to shape its future."

"I think the EU does not need unwilling Europeans. We desperately need willing Europeans," he said.

Leading British business boss Martin Sorrell, chief executive of advertising WPP, complained that the referendum pledge was "at best neutral and at worst negative."

"You just added another reason why people are going to postpone investment decisions and the last thing we need is people postponing more," said Sorrell.

Cameron himself was due to address the forum on Thursday, along with EU powerbroker Angela Merkel, Germany's chancellor.

The conflict in Mali and the crisis in Syria were also poised to exercise the minds of the global elite.

Jordan's King Abdullah II was due to make a special address and the premiers of Egypt, Lebanon, Libya, Tunisia and the Palestinian Territories were scheduled to attend, as well as Israeli President Shimon Peres.

There is also a heavy African presence, with the leaders of South Africa and Nigeria attending a session on "de-risking" the continent on Wednesday.

Despite the presence of so many world leaders, no formal decisions are taken at Davos, although corporate deals are often sewn up on the sidelines and presidents and prime ministers huddle in small gatherings to thrash out pressing issues.

The invitation-only meeting is also known for its informal luncheons and lavish cocktail parties, often hosted by corporate sponsors and with exclusive guest lists, where political and business leaders can network and mingle.

For its annual invasion from the world's most powerful people, the snow-covered resort goes into lockdown, with around 5,000 police and military guarding the venue and helicopters buzzing overhead.

- AFP/jc

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Justice Verma panel gets tough on sexual crimes, but rejects death for rape

NEW DELHI: In keeping with the public outrage over Nirbhaya's gang rape, the Justice J S Verma Committee has raised the bar of punishment for a wide range of existing and proposed sexual offences even as it rejected the demand for introducing death for rape.

The report, released on Wednesday, has proposed codification of a stringent alternative to the life sentence, evolved through judicial activism in the last five years. Unlike the existing life sentence in which the convict is likely to be released after 14 years, at the discretion of the government, the Verma Committee's alternative would statutorily bar him from being released for 20 years or for "the rest of that person's natural life".

This new variety of 'long life' or 'whole life' sentence has been recommended for aggravated forms of sexual assault: rape causing death or persistent vegetative state, gang rape, repeat offenders of rape, rape of an underage person followed by death or coma, trafficking by a public servant or of a minor.

In another innovation, the committee has proposed that for several sexual offences, besides being awarded imprisonment, the convict should be rendered "liable to pay compensation to the victim, adequate to meet at least the medical expenses incurred by the victim".

The offences introduced by the committee include voyeurism, stalking, acid attack and, most significantly, "breach of command responsibility", which makes senior officers of the police and security forces accountable for the sexual crimes committed by their subordinates.

The committee has also attacked some of the patriarchal features of the existing statute. It has suggested, what is effectively introduction of marital rape in India. For, the existing law penalizes marital rape only if the wife is below 15 years of age. While enlarging the current provision of molestation, the committee has also asked for the removal of the archaic expression: "outraging the modesty" of a woman.

Radical as they are, the committee's proposals constitute a big leap forward from the sexual assault Bill introduced by the government just before the Nirbhaya incident. It debunked the government's approach of replacing rape with the generic, gender-neutral crime of 'sexual assault'.

The committee feared that in the current context such a change might "signal a dilution of the political and social commitment to respecting, protecting and promoting women's right to integrity, agency and autonomy." Arguing for the retention of rape as a distinct offence, the committee said, "This is a widely understood term which also expresses society's strong moral condemnation."

Despite the complicity of a juvenile in the Nirbhaya case, the committee rejected the popular demand for lowering the cut off age for juveniles from 18 years to 16 years.

The committee also rejected the demand for introducing death for rape, and retained the existing punishment for rape, which ranges from seven years to life sentence (in which the convict may be released after 14 years, at the discretion of the government). But if rape causes death or a persistent vegetative state, the imprisonment shall range from 20 years to rest of that person's natural life

For gang rape, the imprisonment should range from 20 years to the rest of that person's natural life. But if gang rape causes death or a persistent vegetative state, the convict should be put behind bars for the rest of his natural life, the committee has recommended.

Similarly, it suggests that a repeat offender of rape should be punished with imprisonment for the rest of that person's natural life.

The committee also introduced the offence of "breach of command responsibility" which makes a senior officer of security forces liable to imprisonment from seven to 10 years if his subordinates commit rape

Rape of an underage person by an adult shall be punishable with imprisonment ranging from 10 years to life. If the rape of the underage person causes death or a persistent vegetative state, the sentence shall range from 20 years to the rest of that person's natural life.

The panel has also introduced a heinous offence of "trafficking of a person", punishable with imprisonment ranging from seven years to life sentence, depending on the gravity of the crime.

If a public servant is involved in the trafficking offence, the punishment shall be imprisonment for the rest of that person's natural life.

If somebody is convicted for trafficking minors more than once, the punishment shall be imprisonment for the rest of that person's natural life

Anybody employing a trafficked person is liable to imprisonment ranging from five to seven years, if it is minor, and three to five years, if it is an adult.

The panel also introduced the heinous offence of acid attack. If it causes grievous hurt, the punishment shall range from 10 years to life sentence. If the victim escapes without serious damage, the imprisonment for the offender shall range from five years to seven years. The victim of an acid attack would be entitled to the right of private defence to the point of causing death.

Existing provisions of molestation and sexual harassment (eve-teasing) have been brought under the offence of "sexual assault". Under it, the punishment for "intentional touching" has been increased from two years to five years while the maximum sentence for other forms of sexual harassment ("using words, acts or gestures") would remain one year.

If a woman is assaulted with intent to disrobe her or compel her to be naked in a public place, the imprisonment shall be three years to seven years.

The report also introduces the offence of voyeurism, which punishes a "peeping Tom" with imprisonment from one to three years. The range of punishment for a repeat offender would be three to seven years.

It also introduces the offence of 'stalking' in any form with the penalty ranging from one to three years.

Full text of Justice (retired) JS Verma Committee report(pdf)

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Scientists to resume work with lab-bred bird flu

WASHINGTON (AP) — International scientists who last year halted controversial research with the deadly bird flu say they are resuming their work as countries adopt new rules to ensure safety.

The outcry erupted when two labs — in the Netherlands and the U.S. — reported they had created easier-to-spread versions of bird flu. Amid fierce debate about the oversight of such research and whether it might aid terrorists, those scientists voluntarily halted further work last January — and more than three dozen of the world's leading flu researchers signed on as well.

On Wednesday, those scientists announced they were ending their moratorium because their pause in study worked: It gave the U.S. government and other world health authorities time to determine how they would oversee high-stakes research involving dangerous germs.

A number of countries already have issued new rules. The U.S. is finalizing its own research guidelines, a process that Dr. Anthony Fauci of the National Institutes of Health said should be completed within several weeks.

In letters published in the journals Science and Nature this week, scientists wrote that those who meet their country's requirements have a responsibility to resume studying how the deadly bird flu might mutate to become a bigger threat to people — maybe even the next pandemic. So far, the so-called H5N1 virus mostly spreads among poultry and other birds and rarely infects people.

"The risk exists in nature already. Not doing the research is really putting us in danger," said Yoshihiro Kawaoka of the University of Wisconsin-Madison. He and Ron Fouchier of Erasmus University in the Netherlands separately created the new virus strains that could spread through the air.

The controversy flared just over a year ago, when U.S. officials, prompted by the concerns of a biosecurity advisory panel, asked the two labs not to publish the results. They worried that terrorists might use the information to create a bioweapon. More broadly, scientists debated whether creating new strains of disease is a good idea, and if so, how to safeguard against laboratory accidents.

Ultimately, the flu researchers prevailed: The government decided the data didn't pose any immediate terrorism threat after all, and the two labs' work was published last summer.

Fouchier said that within weeks, he will begin new research in the Netherlands, with European funding, to explore exactly which mutations are the biggest threat. He said the work could enable scientists today to be on the lookout as bird flu continually evolves in the wild.

U.S.-funded scientists cannot resume their studies until the government's policy is finalized.

But the NIH had paid for the original research — and it would have been approved under the soon-to-come expanded policy as well, Fauci told The Associated Press. That policy will add an extra layer of review to higher-risk research, to ensure that it is scientifically worth doing and that safety and bioterrorism concerns are fully addressed up-front, he said.

Had that policy been in place over a year ago, it could have averted the bird flu debate, Fauci said: "Our answer simply would have been, yes, we vetted it very carefully and the benefit is worth any risk. Period, case closed."

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