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Written Answers

Volume 572: debated on Tuesday 7 May 1996

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Written Answers

Tuesday, 7th May 1996.

India: Unlawful Activities (Prevention) Tribunal

asked Her Majesty's Government:Whether they are aware that the Unlawful Activities (Prevention) Tribunal in India purports to have power over activities which are lawful in the United Kingdom, and whether they will ask the government of India to amend the legislation which created this tribunal to make it clear that the tribunal does not possess the extraterritorial power it now claims.

The Minister of State, Foreign and Commonwealth Office
(Baroness Chalker of Wallasey

The Unlawful Activities (Prevention) Tribunal deals with declarations of unlawful association under the Unlawful Activities (Prevention) Act 1967. We understand that the Act extends to the whole of India, but not beyond.

Home Helps: Housework

Jeger asked Her Majesty's Government:What limitations are placed on the housework of home helps; by whom these restrictions are fixed and monitored.

The Parliamentary Under-Secretary of State, Department of Health
(Baroness Cumberlege)

Any limitations are fixed and monitored by employers, who must act within the law. It is for local authorities and agencies providing such care to comply with and apply health and safety law for their employees.

Dss Out-Of-Hours Service

asked Her Majesty's Government:Whether the information on the reduction of Department of Social Security out-of-hours service in the correspondence columns of the

Guardian of 19th April is substantially correct.

This is a matter for Peter Mathison, the Chief Executive of the Benefits Agency. He will write to the noble Earl.

Letter to Earl Russell from the Chief Executive of the Benefits Agency, Mr. Peter Mathison, dated 3rd May 1996.

I have been asked to reply to your recent parliamentary Question asking whether the information on the reduction of Department of Social Security out-of-hours service in the correspondence columns of the Guardian of 19th April is substantially correct.

I recently outlined the Benefits Agency's plans for the future delivery of social security benefits based on the Benefits Agency vision of "right money to the right person at the right time, every time".

The agency will carry out a wide-ranging review of its activities as part of the Departmental Change Programme. Such a programme of change will cover all fundamental areas of the organisation's business and we are committed to achieve a 25 per cent. improvement in our productivity by 1998/99. In the first year it has been necessary to identify efficiencies and economies in excess of £200 million. All efficiencies and economies have been considered alongside the expenditure priorities the agency has been set.

It is against this background that the agency decided to review the need for the out-of-hours service which provides a service to customers at night and weekends. A decision on its viability is expected later this year.

I hope you find this reply helpful.

Iranian Nuclear Plant

asked Her Majesty's Government:Whether the Secretary of State for Defence has discussed "the potential for future united action against Iran's nuclear plant" with the Israeli government during his recent visit to Israel (The Times, 19th April 1996); and, if so, whether they will confirm that he did not commit Britain to any such action, or to consideration of any such action except in the context of the United Nations.

No such discussion took place.

Pedlars Acts

asked Her Majesty's Government:What representations they have received on their proposal to repeal the Pedlars Acts 1871 and 1881; what was the nature of those responses; and when they expect to announce the course of action they propose to take on this matter.

We have received 27 representations from organisations and individuals about the proposal in our October 1994 consultation paper to repeal the Pedlars Acts. Opinion on the merits of repeal is almost equally divided. We are considering the responses alongside a separate review of street trading legislation and hope to reach a conclusion soon.

Genital Mutilation

asked Her Majesty's Government:Whether the threat to a woman or girl of being subjected to genital mutilation (which in the UK is unlawful) is accepted as sufficient grounds for asylum.

To qualify for refugee status, applicants need to show that they have a well founded fear of persecution based on one of the reasons contained in the 1951 UN Convention Relating to the Status of Refugees. Those who do not meet the requirements of the 1951 convention may nevertheless be granted exceptional leave to remain if there are compelling humanitarian reasons for doing so. Cases are considered in the light of their individual circumstances.

Sexual Exploitation Of Children: World Congress

asked Her Majesty's Government:What approaches they have received concerning support for, and participation in, the 1996 World Congress on Commercial Sexual Exploitation of Children; what has been their response; and what is their policy concerning this social problem.

The Swedish Prime Minister wrote to my right honourable friend the Prime Minister last October, inviting the United Kingdom to attend the world congress. It has been decided that the UK delegation should be led by my honourable friend the Parliamentary Under-Secretary of State at the Home Office.The Government have also received representations about the congress from the Coalition on Child Prostitution and Tourism, which represents several charities and non-governmental organisations concerned with the protection of children, and from a number of members of the public, often through their Members of Parliament.The Government were represented by officials at the European regional planning conference for the congress, which was held in Strasbourg on 25th and 26th April.The Government utterly condemn all forms of sexual exploitation and abuse of children, and are committed to taking all appropriate measures to ensure that children are properly protected against such abuse.

Prisoners: In-Cell Television

asked Her Majesty's Government:Whether televisions are to be removed from cells in 20 prisons contrary to the recommendations of the Learmont Report and whether such removal will contribute to good order and discipline.

Prison Service Expenditure

asked Her Majesty's Government:How they balance economies in the Prison Service against any rise in the prison population and any consequent risk of riots.

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Baroness Hilton of Eggardon from the Director of Services of the Prison Service, Mr. A. J. Butler, dated May 1996.

Lady Blatch has asked me, in the absence of the Director General from the office, to reply to your recent Question about economies in the Prison Service and the risk of riots.

The 1995 public expenditure settlement made additional funding available to the Prison Service to meet the expected increases in the prison population as well as for security improvements and to combat drug abuse in prisons. But it is also the Government's policy to exercise firm control over public expenditure and to secure greater efficiency in the running of public services. The savings being required of the Prison Service are broadly consistent with those expected of the public services generally.

It has been made clear to governors that, in preparing their business plans, they should maintain the balance between essential security and control measures, constructive and effective regimes for prisoners and providing support for staff.

asked Her Majesty's Government:Whether there is to be a 10 per cent. cut in the number of probation officers employed in prisons.

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Baroness Hilton of Eggardon from the Director of Services of the Prison Service, Mr. A. J. Butler, dated May 1996.

Lady Blatch has asked me, in the absence of the Director General from the office, to reply to your recent Question about probation officers employed in prisons.

The whole-time equivalent strength of probation staff employed in prisons on 30 June 1995 was 645. Current plans would reduce the numbers of probation staff employed in prisons by around 85 between 1 April 1996 and 31 March 1997.

The Prison Service is committed to partnership with the Probation Service to deliver the custodial and non-custodial parts of a prisoner's sentence effectively. Governors have been discussing with chief probation officers the scope for improvements in efficiency and for more effective use of all available resources. This includes other ways of discharging continuing tasks which have been undertaken by probation staff but which do not require their specialist skills.

asked Her Majesty's Government:Whether 2,800 prison staff cuts are being sought by the service, while 80 additional accountants are to be recruited.

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Baroness Hilton of Eggardon from the Director of Services of the Prison Service, Mr. A. J. Butler, dated May 1996.

Lady Blatch has asked me, in the absence of the Director General from the office, to reply to your recent Question about staff cuts and the recruitment of accountants.

Reductions in the overall numbers of staff are part of the Prison Service's plans for improving its cost efficiency. Final decisions on numbers have not been taken. These decisions will be reached following local consultation with the unions and will take into account the operational needs of the service, available financial provision, the scope for cost reductions in other areas and the numbers of staff who have applied for voluntary early retirement and severance.

The recruitment of additional accountants on short fixed-term contracts meets an operational need of the service to improve its standards of financial control.

asked Her Majesty's Government:Whether most modernisation schemes in the country's 136 jails are to be abandoned next year and whether maintenance is to be reduced to the "safe minimum".

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Baroness Hilton of Eggardon from the Director of Services of the Prison Service, Mr. A. J. Butler, dated May 1996.

Lady Blatch has asked me, in the absence of the Director General from the office, to reply to your recent Question about whether most modernisation schemes in the country's 136 jails are to be abandoned next year and whether maintenance is to be reduced to the "safe minimum".

The reduction in the capital spending provision for 1996–7 has led to some modernisation schemes being deferred until later years, to be financed either through conventional funding or through the private sector. None of these projects has been abandoned.

Some maintenance schemes have also been deferred from 1996–7. Spending in the current year is on those projects identified as vital. However the Prison Service strategy is to monitor and review the condition of maintenance at prisons on a regular basis, and it is possible that some of those schemes that have been deferred might be rescheduled to 1996–7 if the situation demands.

asked Her Majesty's Government:Whether unsafe sections of 14 jails are to be closed and whether, as a result of such closures, police cells will again be used for remand and convicted prisoners at costs of £300 per prisoner day.

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Baroness Hilton of Eggardon from the Director of Services of the Prison Service, Mr A. J. Butler, dated May 1996.

Lady Blatch has asked me, in the absence of the Director General from the office, to reply to your recent Question about whether unsafe sections of 14 jails are to be closed and whether, as a result of such closures, police cells will be used to hold prisoners.

The reduction in Prison Service capital expenditure during the current financial year will mean that our plans to modernise and/or install sanitation in wings at 14 prisons will be amended. The general effect is that some schemes due to start in 1996–7 will be deferred until later years.

The Prison Service has already taken out of use wings at seven of the 14 prisons to ensure that all prisoners have 24 hour access to sanitation.

Work on the remaining projects planned for 1996–7 has been rephased and will be funded either conventionally, or through the private finance initiative (PFI). Where governors have concerns about possible compromises either to security or to safety, they will make local short-term arrangements to strengthen other aspects of security, such as CCTV or undertake short-term maintenance to keep facilities operating safely.

An assessment of the effect on police cell use of the reduction in capital expenditure was made in December 1996. This work concluded that there was no significant increase in the risk of using police cells in the 1996–97 financial year.

The Prison Service has not been using police cells since June 1995. Apart from a major unplanned loss of accommodation or an unexpected rise in the population above current projections, we do not plan to use police cells.

Prisons: Access To Television

asked Her Majesty's Government:Whether they intend to reduce prisoners' access to the use of television and, if so, whether they will state the reasons for this change.

Prisoners: Access To Education Facilities

asked Her Majesty's Government:Whether they intend to reduce prisoners' access to education facilities and, if so, whether they will state the reasons for this change.

Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

Letter to Lord Lester of Herne Hill from the Director of Security and Programmes of the Prison Service, dated May 1996.

Lady Blatch has asked me, in the absence of the Director General from the office, to reply to your recent Question about prisoners' access to education facilities.

The Prison Service is committed to ensuring that prisoners who are likely to benefit from access to appropriate educational facilities should have opportunities to do so. However control of public expenditure is fundamental to government policy and the Government are seeking efficiency improvements and economies throughout the public sector, from which the Prison Service is not exempt.

Governors have been asked to reduce their overall cost per prisoner place by 9.5 per cent. over the next three years. The Prisons Board has issued guidance on cost reductions which makes it clear that the emphasis should be on securing greater efficiency, with reductions in regime activities such as education made as a last resort. The guidance also states that priority should be given to safeguarding activities which contribute to security and control; are constructive and purposeful; offer good value for money; and help prisoners tackle their offending behaviour.

In making decisions about their education programme, governors will be guided by the recently issued National Core Curriculum document, which emphasises the importance of basic literacy and numeracy, English for speakers of other languages, information technology and social and life skills. They will also be taking account of courses which have few prisoners, are costly to run and which offer qualifications that do not have any clear use to prisoners in helping them lead law-abiding and useful lives after release.

While some prisons are likely to seek to reduce expenditure on education, others will expand their education provision.

Gardian Family

asked Her Majesty's Government:Whether they will reconsider their decision to deport the Gardian family of Llandudno, North Wales, now that Mrs. Gardian's grandfather has died.

The case is currently being reviewed. I will write to the noble Baroness when a decision has been reached.

Burglary: Sentences

Protecting the Public (Cm 3190) omits any reference to the fact that the average custodial sentence imposed by the Crown Court upon those convicted for a second offence of domestic burglary appears to have been 1.6 months shorter than in the case of first offenders and whether they know of any explanation for this apparent sentencing anomaly.

Sentences in individual cases are a matter for the court. Those sentenced to immediate custody at the Crown Court for a second conviction of domestic burglary include both those who received a custodial sentence on their first conviction for domestic burglary, and those who received a non-custodial sentence. For the former group, the sentence on the second conviction was on average 2.5 months longer than that imposed for the first conviction.

asked Her Majesty's Government:Whether they will re-analyse the sample of convictions and sentences imposed by the Crown Court and referred to in Fig 11 in Chapter 11 of

Protecting the Public (Cm 3190) in order to show in relation to second, third and seventh or subsequent offenders who had previously been subject to an immediate custodial sentence the average increase in the length of their sentences.

The information in the table below relates to those sentenced to immediate custody during the sample period who had previously been subject to an immediate custodial sentence for an offence of burglary of a dwelling.

Table: Convictions at the Crown Court for burglary of a dwelling1,2: average change in custodial sentence length
Second convictionThird or subsequent convictionSeventh or subsequent conviction
Average change in custodial sentence length (months)+2.5+5.6-0.6
1Based on a sample of 949 offenders—all those convicted of burglary of a dwelling at the Crown Court in five weeks of 1993 and 1994. Two hundred and forty-four of these offenders were sentenced to immediate custody during the sample period and had previously been subject to an immediate custodial sentence for burglary of a dwelling imposed either by the Crown Court or by magistrates' courts.
2 An offender who is convicted of several offences of burglary at the same court appearance is counted as having only one conviction at that court appearance.

asked Her Majesty's Government:Whether they will elaborate upon the number of convictions and length of sentences imposed by the Crown Court for burglary of a dwelling house set out in Figure 11 in Chapter 12 of

Protecting the Public (Cm 3190) by stating the criteria adopted in selecting the sample of 949 offenders and further stating in relation to each of the four conviction categories (a) the number of offenders who were aged 17 or less, (b) the number of offenders who were aged more than 17 and less than 21, (c) how many of the offenders had previously been sentenced to immediate custody for this offence and (d) what were the shortest and longest sentences imposed.

The sample on which Figure 11 in Chapter 12 is based covers all those convicted of indictable offences in England and Wales during five weeks of 1993 and 1994. In recent years such samples have been drawn regularly and the results published in the annual volume Criminal Statistics, England and Wales. The particular weeks selected are chosen to give good coverage of the year as a whole.The information requested for each of the four conviction categories is given in the table below.

Table: Convictions at the Crown Court for burglary of a dwelling

1,2

First conviction

Second conviction

Third or subsequent conviction

Seventh or subsequent conviction

Total offenders44719730543
(a) Number aged 17 or less2014111
(b) Number aged more than 17 and less than 2115661693
(c) Number previously sentenced to immediate custody3 for an offence of burglary of a dwellingn/a8424543
(d) Shortest and longest custodial sentences imposed (months)1 and 842 and 1206 and 1206 and 42

1 Based on a sample of 949 offenders—all those convicted of burglary of a dwelling at the Crown Court in five weeks of 1993 and 1994.

2 An offender who is convicted of several offences of burglary at the same court appearance is counted as having only one conviction at that court appearance.

3 Previous custodial sentences may have been imposed either by the Crown Court or by magistrates' courts.