asked Her Majesty's Government:

Why the Diseases of Animals (Approved Disinfectants) (Fees) Order 2008 (SI 2008/652) increased the fees for testing for use with foot and mouth disease and swine vesicular disease by 98.7 per cent, but by less than 3 per cent for use with all other types of disease. [HL2876]

It is government policy that regulatory and approval regimes should be cost-neutral and that regulatory bodies charge appropriate fees.

Prior to the revision of fees in 2005, no fees relating to the approval mechanism had been revised since 1991. It was proposed that the fees Order would be revised to start to recover the fees for testing. Since 2005, the price for each of the tests charged by the Veterinary Laboratories Agency has been revised and is based on the actual hours needed to perform the test by graded staff, together with the materials used: that is, the full economic cost. The prices reflect the complexity of the tests and difficulty of the methodologies.

The Institute for Animal Health (IAH) is the only laboratory in the UK equipped to undertake efficacy testing of disinfectants against foot and mouth disease and swine vesicular disease testing. The IAH is also now required to recover the full economic cost of the testing service they provide. This has resulted in them needing to revise their fees, something they have not needed to do since 2005.

asked Her Majesty's Government:

Why the Diseases of Animals (Approved Disinfectants) (Fees) Order 2008 (SI 2008/652) increased the fee for administrative services in connection with testing from £134 to £1,650. [HL2877]

It is government policy that regulatory and approval regimes are cost-neutral and that regulatory bodies charge appropriate fees. It is not considered appropriate for Defra and the taxpayer to subsidise the mechanism when manufacturers in industry benefit from the sale of their products.

Prior to the revision of fees in 2005, no fees relating to the approval mechanism had been revised since 1991. This had resulted in a growing disparity between what Defra was allowed to charge under the Order and the actual costs incurred.

In 2004, industry were informed of the proposal that the fees would be revised to start to recover the costs for testing and that fees would be revised to recover the administrative cost later. Defra did not increase the administrative fee for the approval mechanism when testing fees were reviewed. This was because a fundamental overhaul of the approval process was planned and is now complete.

asked Her Majesty's Government:

With reference to the Diseases of Animals (Approved Disinfectants) (Fees) Order 2008 (SI 2008/652), whether there is any immediate need for new disinfectants to deal with outbreaks of foot and mouth disease or swine vesicular disease. [HL2878]

There are almost 200 veterinary disinfectant products which are approved for use under the Swine Vesicular Disease Order, and 200 approved for use under the Foot and Mouth Disease Order. Therefore, there is no immediate need for new disinfectants to deal with outbreaks of either disease.

A full list of approved disinfectants can be found on the Defra website.

asked Her Majesty's Government:

With reference to the Foot and Mouth Review 2007 (pp 67–8), what proposals have been developed to integrate the data systems used in various parts of the Department for Environment, Food and Rural Affairs, in order to improve the accuracy of livestock location in the event of an outbreak of the disease. [HL2881]

The Animal Health Agency has a business reform programme which will replace the core systems supporting disease emergencies. It also has a livestock partnership programme that is aimed at addressing the systems supporting identification and movement of livestock. These programmes will provide integrated solutions. The Foot and Mouth Review 2007, chaired by Dr lain Anderson, sets out these plans for changes to the systems used to support disease outbreaks under the Future Ssystems heading on page 72 of the report and supports the approach being taken. The report can be found on the Cabinet Office website.

asked Her Majesty's Government:

Further to the Written Answer by Lord Drayson on 24 April 2007 (WA 124), whether they still expect the Bowman conversion process to be completed by the end of this year. [HL2832]

11,820 land platforms have been converted. It is anticipated that all legacy land platforms that can practicably be converted will have been fitted with Bowman by the end of 2008. This includes platforms that are being used operationally.

asked Her Majesty's Government:

What are the latest developments on the implementation of the Bowman Combat Infrastructure Platform 5. [HL2833]

The implementation of Bowman Combat Infrastructure Platform 5 began in February 2008 with the uplift of naval vessels.

asked Her Majesty's Government:

Why the Director of Service Prosecutions is not mentioned in Clause 2 of the Draft Constitutional Renewal Bill; whether it is their intention that the Director of Service Prosecutions will remain under the superintendence of the Attorney-General; and whether it is their intention that the Attorney- General will retain the right to give directions in individual cases in relation to service offences. [HL2890]

Clause 2 of the draft Constitutional Renewal Bill relates only to the directors subject to statutory superintendence by the Attorney-General, which is not the case with the Director of Service Prosecutions. It is intended that the Attorney-General's general superintendence of service prosecuting authorities on a non-statutory basis will continue. The proposed power in Clause 12 to give a direction not to prosecute where this is necessary to safeguard national security, will apply to all prosecutors.

asked Her Majesty's Government:

What are the latest developments on (a) the selection of the utility vehicle integrator for the Future Rapid Effects System (FRES); and (b) the outcome of the FRES utility vehicle design competition. [HL2790]

The competition to select the utility vehicle integrator is at the pre-qualification stage. Pre-qualification questionnaires were released to industry in October 2007. Assessment of the responses from industry is complete and the results are being considered.

In November 2007 the MoD announced that the utility vehicle trials had resulted in a recommendation being made, based primarily on technical design considerations. Further work was then undertaken to consider the commercial implications of the three competing designs.

asked Her Majesty's Government:

Whether there is any international collaboration on the Future Rapid Effects System procurement programme. [HL2792]

The acquisition strategy for future phases of the Future Rapid Effects System programme, including an assessment of the scope for and benefits of international collaboration, will be approved when the main investment decisions of the respective vehicle families are made.

asked Her Majesty's Government:

What is the current Future Rapid Effects System procurement plan. [HL2795]

Our aim is to achieve the earliest possible delivery to the Army of a FRES capability that will meet its needs through life, at best value for money. To achieve this we continue to drive the implementation of the FRES acquisition strategy. The approved approach is to establish an alliance led by the department, which will be supported by a strong and independent industrial player acting in the role of System of Systems Integrator (SOSI), delivering a coherent, through life FRES capability.

The strategy includes a strong competitive element, with the SOSI (Thales/Boeing), the vehicle design and the vehicle integrator all selected by competition. Further competitions will select the designs for other specialist variants.

asked Her Majesty's Government:

Whether they will take action to respond to the problems facing passengers and crews outlined in the Global Cabin Air Quality Executive's latest report. [HL2883]

The Government do not want anyone travelling by air to be at risk of their health. We are leading research in this area in response to the House of Lords Science and Technology inquiry into Air Travel and Health (update report published in December 2007) and the evidence review by the Committee on Toxicity (published in September 2007).

We have commissioned a world first research project to try to capture substances released during transient “fume events.” The first stage of this work was to identify and test equipment capable of sampling cabin air. The report into this first stage work was published by Cranfield University on 21 February after peer review. It is published on the department's website. The next phase of work is to use the equipment identified to capture real-time fume events; this work is being developed as a priority.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 28 January (WA 77), whether all badger populations are affected to a greater or lesser degree by bovine tuberculosis. [HL2823]

Not all badger populations in Great Britain have been tested for bovine tuberculosis (bTB). However, evidence of Mycobacterium bovis (M. bovis) infection was found in all randomised badger culling trial (RBCT) areas (where culling meant there were carcasses that could be tested), namely: Gloucestershire/Herefordshire, Cornwall/Devon, East Cornwall, Herefordshire, North Wiltshire, West Cornwall, Derbyshire/Staffordshire, Devon/Somerset, Gloucestershire and Devon. The prevalence of infection on initial culls was higher in the inner regions of proactive treatment areas (2km or more inside the boundary) than in the outer areas, which is not surprising as trial areas were centred on areas of high bTB risk.

The results of Defra’s Road Traffic Accident survey, carried out in Cornwall, Devon, Dorset, Gloucestershire, Herefordshire, Shropshire and Worcestershire between 2002 and 2005, showed badger populations in all of the counties sampled were affected by bTB to some degree. On average, M. bovis was detected in 15 per cent of badger carcasses ie around one in seven. This is similar to that recorded in proactively culled badgers in the RBCT during the same time period (16.6 per cent). An extended post-mortem examination carried out on a sample of 205 RBCT badgers revealed substantially more infected animals, approximately double, than did standard post-mortem examination. Therefore, these prevalence values are likely to be underestimates.

asked Her Majesty's Government:

What representations they have made to the Government of the Republic of Ireland concerning their review of the Offences Against the State Acts 1939–85, as required in the Belfast Agreement of 1998 (Cm 4705). [HL2296]

No representations have been made in relation to the review conducted by the Irish Government of their Offences Against the State Acts 1939-85.

asked Her Majesty's Government:

How many children are presently subject to child protection orders. [HL2708]

On 31 March 2007 there were 30 children looked after by English local authorities who were subject to an emergency protection order. The number of children looked after under an emergency protection order at 31 March over the last five years has remained fairly constant, ranging from 70 to 30.

asked Her Majesty's Government:

Whether the Foreign and Commonwealth Office leads interdepartmental co-ordination of Commonwealth interests; and, if so, what mechanism is available to achieve this. [HL2653]

The Foreign and Commonwealth Office (FCO) is the lead department for the Commonwealth. In addition, a number of other government departments deal with aspects of the UK's policy on the Commonwealth. These include the Department for International Development (DfID), the Department for Environment, Food and Rural Affairs (Defra), the Department for Innovation, Universities and Skills and the Department for Business, Enterprise and Regulatory Reform (BERR). At the recent Commonwealth Heads of Government Meeting in Kampala officials from the FCO, DfID, Defra and BERR supported Ministers.

Within the FCO, the International Organisations Department leads on issues relating to the Commonwealth as an international organisation.

asked the Chairman of Committees:

On how many occasions in the last year malicious programs have compromised parliamentary computer systems; for each occasion, how many machines were affected; and how long it took to remove the programs from the system. [HL2982]

In the last year, neither the Parliamentary Network nor parliamentary applications or servers that are fully managed by PICT have been adversely affected by any malicious programs. Any viruses detected are quarantined or removed by anti-virus software. Since January there have been 79 instances logged when single machines appeared to have been infected by malware but these incidents were contained on the individual machine. The malware was removed as soon as practicably possible.

asked Her Majesty's Government:

Whether they will ratify the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. [HL2600]

The Government currently have no plans to ratify this convention.

asked Her Majesty's Government:

Further to the Written Answer by Baroness Andrews on 26 February (WA 113), whether the Department for Communities and Local Government will take action to assist the local electorate to exercise the “ultimate judgment on the behaviour of the council”. [HL2802]

Information about a council’s refusal to accept an ombudsman’s recommendations is required to be in the public domain, and hence is available to electors when exercising that ultimate judgement, which they do through the ballot box. The Government have no plans to change the requirements about the availability of information or the actions councils must take if they do not accept an ombudsman's recommendations.

asked Her Majesty's Government:

Whether they intend to respond to the comments of Mr Richard Mawry QC, the election commissioner at the special elections court at Slough in relation to the election in the Central ward last year, that despite the Electoral Administration Act 2006, the opportunities for easy and effective electoral fraud remain substantially as they were on 4 April 2005.[HL2760]

We have noted the findings and comments in the judgment of the election court. Since 2005, the Government have introduced a range of new measures to strengthen the integrity of our electoral system, and there have been very few proven incidences of fraud since the new measures were brought into force. They include:

electoral administrators write to everyone who has applied for a postal vote acknowledging receipt of their application and confirming the outcome—this will alert people to any applications for postal votes made falsely on their behalf;

postal vote applicants have to specify a reason if they want their postal vote to be sent to an address other than that at which they are registered;

administrators get more time to check postal vote applications because people have to apply for a postal vote a minimum of 11 working days before the close of poll (the previous minimum was six days);

new requirement for electors to provide personal identifiers (signature and date of birth) if they wish to have a postal vote. The identifiers must be replicated by elector when they subsequently cast their postal vote, and will be cross-checked with the original samples to ensure the postal vote is valid;

new offence of falsely applying for a postal or proxy vote;

after every election a list of all those who voted by post is published which will enable individuals to check that their vote was counted. In an investigation the police will be able to check up with any individual whether they did actually vote by post or whether their vote was stolen;

new criminal offence of supplying false information (or failing to supply information) to the electoral registration officer at any time;

strengthened offence of undue influence, which will make it easier to prosecute, even if the undue influence does not affect the way someone votes; and

clear new powers for electoral administrators to cross check applications to register to vote against other information the council holds.

We will take account of the election court's judgment in any further development on electoral registration and postal voting processes and legislation.

asked Her Majesty's Government:

What assessment they have made of the potential impact of electric personal assistive mobility devices on their road traffic congestion targets; and [HL2925]

What assessment they have made of the potential impact of electric personal assistive mobility devices on their carbon emission targets; and [HL2926]

What legislation would need to be amended to permit electric personal assistive mobility devices on the public highways or on pedestrian or cycle facilities in the United Kingdom. [HL2928]

If, as we understand, such devices are likely to be used mainly as an alternative to walking or cycling then their potential in terms both of congestion relief and of carbon emission reduction is likely to be minimal.

No detailed assessment of legislative requirements has been made but primary legislation would need to be amended to permit their use on public footpaths, on the pedestrian footway alongside roads or on cycle tracks. The legislation which would need to be amended includes the Highway Act 1835, Highways Act 1980, Cycle Tracks Act 1984, the Road Traffic Act 1988 and the Roads (Scotland) Act 1984, but other legislation may also need to be amended.

There is provision in Section 44 of the Road Traffic Act 1988 that would allow the Secretary of State for Transport to permit by way of an order their use on the vehicular part of the public highway. The Secretary of State has no plans to make such an order.

asked Her Majesty's Government:

Whether the Council of Europe Convention on the Prevention of Terrorism would permit a contracting state to extradite a person in circumstances where there was a risk of that person being tortured. [HL2775]

The United Kingdom signed this convention in May 2005 and is now in the process of ratifying it. It is in accordance with the provisions of the Extradition Act 2003, however, that extradition requests to the UK are considered.

Under the scheme of the Act, the courts must consider whether a person's extradition would lead to a real risk of the person being subjected to torture or to inhuman or degrading treatment or punishment within the meaning of Article 3 of the European Convention on Human Rights.

asked the Chairman of Committees:

Whether the Refreshment Department purchases its supply of pork and bacon from British sources. [HL3019]

Dutch bacon is served in the River Restaurant and 2 Millbank Cafeteria. All other ham and bacon products served in Refreshment Department outlets are of English origin produced in Woburn. All pork served is British free range produced in Suffolk.

asked Her Majesty's Government:

What are the levels of infant mortality and the amounts received in aid per capita from (a) the United Kingdom, and (b) the European Commission in each of Vietnam; Cambodia; Bangladesh; Philippines; North Korea; and Burma. [HL2528]

Details on infant mortality rates for 2006, and the amount of official development assistance (ODA) provided by the EC and the UK to each country in calendar year 2006 are laid out in the table below:

asked Her Majesty's Government:

What representations they are making to the Government of the Maldives to ensure that the forthcoming presidential elections are free and fair, and that freedom for the press and promises for reform are delivered. [HL2909]

On 6 March 2008, I stressed to the new Maldivian High Commissioner to the UK, Dr Mohamed Asim, the importance of keeping the democratic process on track.

We believe that free, fair and credible elections are a crucial element of democracy. The UK is providing financial support for Commonwealth efforts to improve the electoral framework for elections. We are also working closely with the BBC, Maldives Ministry of Information and the Maldives Media Association to promote media freedom and skills development.

asked Her Majesty's Government:

Further to the Written Statement by Lord Davies of Oldham on 20 March (WS 42–6), whether any government department or agency other than the Ministry of Defence has a correspondence database which is unable to distinguish between Freedom of Information requests and other correspondence from Members of Parliament and Peers. [HL2836]

Unless otherwise stated in my Written Statement on 20 March 2008 (Official Report, WS 42-6) departments have correspondence databases which can distinguish between Freedom of Information requests and other correspondence from Members of Parliament and Peers.

asked Her Majesty's Government:

Further to the Written Statement by Lord Davies of Oldham on 20 March (WS 42–6), why the Ministry of Defence's correspondence database is unable to distinguish between Freedom of Information requests and other correspondence from Members of Parliament and Peers; and [HL2835]

Further to the Written Statement by Lord Davies of Oldham on 20 March (WS 42–6) stating that the Ministry of Defence replied to only 48 per cent of correspondence to Members of Parliament and peers within its target in 2007, whether they will collect and report that department's performance in this respect on a monthly basis during 2008. [HL2837]

The Ministry of Defence's correspondence database is used to process all correspondence sent to MoD Ministers. Any correspondence which is considered to be a request for information under the Freedom of Information (FOI) Act is recorded separately on the Ministry of Defence's Freedom of Information database. Quarterly statistics on FOI requests are provided to the Ministry of Justice and published on their website (www.justice.gov.uk).

There are no plans to report the department's performance in handling ministerial correspondence on a monthly basis during 2008.

asked Her Majesty's Government:

Whether (a) HM Treasury and (b) the Bank of England have been involved in the decisions of the new management of Northern Rock on interest rates to be offered to depositors since public ownership; and how these rates have changed. [HL2196]

As I have previously informed the House, on agreement of its business plan by HM Treasury, Northern Rock will be managed on arms' length terms, as a commercial entity, by a newly appointed experienced and professional management team. As I set out in my previous Statements, it would be inappropriate for Northern Rock to compete unfairly on the back of government support.

Any change of saving rates Northern Rock undertakes is available through the company's usual communication channels: website, branches and call centres.

asked Her Majesty's Government:

Further to the Written Answer by Lord Bach on 12 March (WA 240–1), what specific proposals for creating a nuclear weapon-free world and to support zero tolerance of proliferation they propose to take to the Nuclear Non-Proliferation Treaty Preparatory Committee meeting from 28 April to 9 May. [HL2695]

Our primary objective for the 2008 Nuclear Non-Proliferation Treaty (NPT) Preparatory Committee meeting will be to continue to develop the conditions for a successful outcome to the 2010 NPT Review Conference, essentially a strengthened NPT and seeking to make it harder for countries to withdraw from the NPT. The UK will present the preliminary findings of our research into the verification of nuclear disarmament, which the Atomic Weapons Establishment at Aldermaston has been working on in conjunction with Norwegian defence laboratories and the non-governmental organisation Verification Research, Training and Information Centre. We will also discuss with key states the UK proposals for an enrichment bond and a UN Security Council permanent members' Nuclear Laboratories Conference. In our national statements, we will continue to call for the start of negotiations without preconditions on a Fissile Material Cut-off Treaty and for those states who have not yet done so to sign and ratify the Comprehensive Test Ban Treaty.

asked Her Majesty's Government:

Whether, in the light of the President of the Republic of Ireland's remarks about the conditions which must be fulfilled politically before the Queen is allowed to visit the Republic, they have any plans to restrict visits by the President to the United Kingdom.[HL2799]

No. The Irish President, Mary McAleese, is a welcome visitor to the UK.

The noble Lord may wish to note that the president's recent comments, made in reply to a journalist's question and reflecting earlier statements by the Taoiseach, referred specifically to a state visit.

asked Her Majesty's Government:

On what legal basis paragraph 10.69 of Operational Guidance to Local Authorities: Parking Policy and Enforcement, published by the Department for Transport on 25 March states that “a certificated bailiff can alter the address on the warrant if the respondent has moved”. [HL2889]

This sentence repeats the guidance given to local authorities in 1995 about decriminalised parking enforcement outside London. It does, however, appear that the sentence has no legal basis and this was not identified in the responses to the consultation on the draft operational guidance. We will amend the guidance and notify those who have already received it.

asked Her Majesty's Government:

Further to the Written Answer by Lord West of Spithead on 19 March (WA 67–8) and in the light of the fact that they have not provided legal guardians for children presumed to have been trafficked, whether they will arrange mentors for such children, taking into account cultural and language affinities. [HL2871]

The Children and Young Person's Bill, currently before Parliament, contains provisions to extend and strengthen the authority of the role of the independent reviewing officer (IRO), to ensure that the voices of all looked-after children are taken into account by the local authority responsible for planning the care for each looked-after child.

In addition to our proposals for developing the IRO role, the current statutory framework already requires local authorities to ensure that looked-after children are able to have access to independent advocates. Access to advocates should not just be confined to complaints procedures; children should be provided with support from an advocate whenever they wish to make representations about the services they receive.

Furthermore the Bill proposes that wherever it is in the child's interests, each looked-after child should be offered the support of an independent “visitor” who will befriend and advise the child.

The Government believe these arrangements to be satisfactory and do not therefore believe that a new requirement on local authorities to allocate dedicated mentors is necessary, in order to safeguard and promote the welfare of looked-after children who may have been trafficked.

asked Her Majesty's Government:

Whether there are any nationally applicable instructions to police forces dealing with fatalities; and, if so, where these may be found. [HL2614]

There is a range of guidance produced by ACPO and/or the National Policing Improvement Agency (NPIA) to assist individual forces in responding to incidents involving sudden death including: multiple fatalities in a disaster; single death homicides; and road traffic collisions. These manuals of guidance are held by ACPO and the NPIA. Some, such as the ACPO Road Death Investigation Manual, are in the public domain and available on the ACPO website.

asked Her Majesty's Government:

What action is taken against prisoners in Northern Ireland who abscond and are recaptured. [HL2676]

A range of sanctions including criminal prosecution are available depending on the circumstances of the case. All prisoners who breach temporary release conditions, on returning to prison, are charged with the offence under Prison Rules, if there is prime facie evidence to support a charge. The prisoner is then adjudicated on by a governor during a disciplinary hearing. If found guilty, the prisoner will be the subject of an adjudication award. Adjudication awards have a maximum of 14 days’ cellular confinement, with loss of association with other prisoners and loss of prison earnings. There are a range of losses of privileges for varying time periods.

Since summer 2002, following a European Court ruling, an adjudicating governor cannot increase a prisoner’s sentence by awarding loss of remission. However, the prisoner’s release date is recalculated and extended by the length of time the prisoner has been unlawfully at large.

Where prisoners have failed to return to prison by the designated date and time the adjudicating governor may decide to deal with the matter internally or can adjourn the hearing and refer the matter to the PSNI for investigation and consideration for prosecution. Section 25 of the Prison Act carries a maximum penalty of 2 years’ imprisonment for being unlawfully at large.

The Prison Service updated its memorandum of understanding with the PSNI and PPSNI last autumn so that any prisoner who has absconded for a significant period of time, normally over 7 days, is referred to the authorities to be considered for prosecution. For shorter time periods governors may refer any case for prosecution if they consider the individual circumstances make it appropriate.

Each individual prisoner’s leave quotas under the pre-release home and resettlement scheme are based upon the length of sentence and continuous custody. If a prisoner breaks continuous custody by remaining out of the prison unlawfully for a full calendar day or more, the prisoner is deemed to have broken continuous custody. As a result the prisoner's entitlement to such leave is recalculated from the day on which he returns to prison, and consequently his home leave quotas will significantly reduce.

In any subsequent application for home or resettlement leave account is taken of any previous leave failures by the Home Leave Board as part of its consideration.

asked Her Majesty's Government:

Further to the Written Answer by Lord West of Spithead on 19 March (WA 68), when they expect to decide on future funding for the care of persons leaving prostitution; and whether that funding will be a national allocation, given geographical differences in the distribution of persons requiring such care. [HL2870]

The Government's co-ordinated prostitution strategy recognises that those at risk of, or involved in, street prostitution have a range of complex needs, including housing, drug treatment and other health needs. In areas where prostitution markets exist, local partnerships are responsible for ensuring that adequate services are available to those involved in selling sex.

Ensuring that dedicated work takes place to support routes out of prostitution is part of our Tackling Violence Action Plan, published on 18 February. A decision on how this work will be taken forward will be made early in the 2008-09 financial year.

asked Her Majesty's Government:

Whether they intend to make unrefined information held by trading funds available free of legal and financial restrictions, as recommended in the recently commissioned study, Models of Public Sector Information Provision via Trading Funds; and [HL2713]

Why certain financial information in the Ordnance Survey and United Kingdom Hydrographic Office sections were redacted as confidential in the recent Models of Public Sector Information Provision via Trading Funds report; and [HL2715]

Whether they intend to make the Met Office's unrefined information available free of legal and financial restrictions, following the finding of the recently commissioned study Models of Public Sector Information Provision via Trading Funds (p76) that this would provide a net benefit to society of £1.03 million; and [HL2733]

Whether in light of the finding of the recently commissioned study Models of Public Sector Information Provision via Trading Funds that there is a net benefit to society if trading funds release unrefined information at marginal cost, they will review the financial and legal restrictions on all unrefined information held by public bodies. [HL2734]

Whether they will define the “public tasks” for trading funds in order to identify information that should be released free of financial and legal restrictions, as highlighted in the recently commissioned study Models of Public Sector Information Provision via Trading Funds (chapter 3, paragraph 3.49). [HL2735]

As announced in the Budget, the Government will look closely at public sector information held by trading funds to distinguish more clearly what is required by Government for public tasks and ensure that this information is made available as widely as possible for use in downstream markets. In the lead-up to the next spending review the Government will ensure that information collected for public purposes is priced so that the need for access is balanced with ensuring that customers pay a fair contribution to the cost of collecting this information in the long term.

For central government bodies other than trading funds, the clear policy is that raw information should, subject to any statutory provision, be freely available or provided at the marginal cost of dissemination.

In drafting the report Models of Public Sector Information Provision via Trading Funds, Cambridge University relied on the co-operation of and provision of data from trading funds. Some of the financial data provided was commercially confidential and was therefore not published in the report. This did not alter the overall conclusions of the report.

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 19 March (WA 51), if a catering plan is provided as part of a franchise bid and does not form part of any contract, whether a bidder could undertake to provide a catering service but not deliver it. [HL2882]

Catering is a matter for train operators and so does not normally form part of either the franchise specification against which intending operators are invited to bid or the franchise agreement subsequently concluded between the Department for Transport and the successful bidder. Operators are therefore free to make changes to the catering service they offer without having to seek the department's consent.

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 28 February (WA 131–2), whether W10 gauge will be created under any newly electrified sections of the Great Western Main Line to be used by Crossrail trains. [HL2776]

The only clearance work needed in addition to Crossrail works to achieve W10 gauge throughout the newly electrified sections of the Great Western Main Line would be in relation to a small number of existing arched bridges.

Whether to undertake additional works to these bridges for non-Crossrail purposes is for Network Rail to review as usual for any gauge clearance investment.

asked Her Majesty's Government:

Whether their policies for the expansion of light rail adequately reflect the rising price of oil, the need to take account of climate change and the importance of dealing with congestion. [HL2703]

The benefits of light rail expansion are considered on a case by case basis and will vary according to the specific scheme being considered. The Department for Transport aims to consider all impacts of transport schemes including impacts on greenhouse gas emissions and changes in congestion. The assessment should also be informed by the best available evidence. The recent increase in the price of oil will be considered in the assessment of schemes although the impact of this is likely to be relatively modest. 

The methods and information used to assess the impact of a scheme are generally considered state of the art and are regularly reviewed. As part of this process the department is currently reviewing its appraisal techniques as part of the NATA (New Approach to Appraisal) Refresh. Recommendations about improvements to the assessment of schemes will be finalised after public consultation on the NATA Refresh closes on 31 March 2008.

asked Her Majesty's Government:

What is their reaction to the proposal to build a new high-speed train line from London to Manchester. [HL2808]

Our immediate priority is increasing capacity on the rail network. In the period 2009-14, £10 billion will be invested in more trains and more capacity to meet passenger demand for rail travel.

We are also beginning work with the rail industry to develop an understanding of some of the complex rail options we might need to consider in future, including the long-term case for new lines.

asked Her Majesty's Government:

Whether their approval is required for any orders for new railway rolling stock; and [HL2737]

Whether their approval is required for any transfers of rolling stock between train operating companies. [HL2738]

Proposals to acquire or transfer rolling stock are welcome, provided the train operators concerned are willing to fund them. The Government do, however, need to be sure that appropriate contractual provisions are in place to ensure that services can be maintained in the event of franchise termination. Proposed arrangements of this sort are therefore subject to approval by the Department for Transport.

asked Her Majesty's Government:

On which date ministers last discussed the possibility of a full or partial privatisation of Royal Mail; and what were their conclusions. [HL2511]

The Government have no plans to privatise Royal Mail.

asked Her Majesty's Government:

What steps they intend to take to implement the outstanding measures in the Erika 3 package of maritime safety measures; and what actions are they taking to further implementation of that package throughout the European Union. [HL2851]

The Government support five of the Third Maritime Safety Package (Erika 3) measures: vessel traffic monitoring, accident investigation, port state control, carrier liability and classification societies. The negotiations on these five proposals are well advanced and the Government are urging the European Commission, other member states and the European Parliament to conclude them as soon as possible.

The Government have yet to be convinced of the need for the remaining two proposals on flag state requirements and the civil liability of shipowners. A policy debate on these two proposals will take place at next week’s transport council.

Once final agreement on all the measures in the Third Maritime Safety Package has been reached, the European Commission will be responsible for ensuring that member states and relevant organisations fulfil their legal requirements. The European Maritime Safety Agency will assist the Commission in undertaking this task. The implementation of the measures in the UK will be undertaken through the usual parliamentary procedures.

asked Her Majesty's Government:

Whether the decision by certain mental hospitals to prevent sectioned patients from smoking, whether indoors or outdoors in the hospital grounds, is compatible with (a) the Human Rights Act 1998; and (b) the statement by Lord Bach on 1 March (Official Report, col. 1535) that it remains legal for adults to smoke if they choose to do so. [HL2670]

The High Court is considering the issue. It is the opinion of Health Ministers that smokefree legislation is compatible with the Human Rights Act 1998. The Statement of Lord Bach on 1 March does not relate to smoking in hospitals.

asked Her Majesty's Government:

To what extent smoking is permitted at Broadmoor Hospital and Rampton Hospital. [HL2671]

Details of the specific smoking policies in place at these hospitals are not available centrally as they are the responsibility of the relevant National Health Service trusts. The noble Lord is welcome to contact the relevant trust for details.

asked Her Majesty's Government:

What representations they have made about infant and child rape in South Africa, purportedly exacerbated by myths of a “virgin cure” for HIV/AIDS; and what assistance they have offered to the government of South Africa to tackle the problem. [HL2354]

The UK Government are deeply concerned about the issues surrounding sexual violence and AIDS in southern Africa and have raised these concerns in dialogue with officials and Ministers. Studies show that of the 54,000 rapes in South Africa every year 40 per cent occur among children under 18, approximately half of these among children under 13. There are no reliable statistics for infant rape, and there is no evidence that rape is exacerbated by myths of a “virgin cure” for AIDS.

The UK Government have supported the South African Government through funding research and community-based action to address child rape and HIV. This has increased understanding of the issues and the responses and policies government should take to tackle the problem.

asked Her Majesty's Government:

How many children were (a) identified with special educational needs, and (b) statemented for special educational provisions, in the City of Manchester in each of the last five years. [HL2806]

The available information for Manchester local authority is given in the tables.

The latest information on special educational needs can be found in the Statistical First Release Special Educational Needs in England, January 2007, which can be found at www.dfes.gov.uk/rsgateway/DB/SFR/s000732/index.shtml.

Source. School Census ¹ Includes middle schools as deemed. Not applicable. No schools of this type.

Source: School Census ¹ Includes middle schools as deemed.. Not applicable. No schools of this type.

Source: SEN 2 Survey 2003 - 2006 ¹ Includes resourced provision/units/special classes in maintained mainstream schools.

asked Her Majesty's Government:

With reference to the planned repeal of the Unlawful Drilling Act 1819 in Great Britain by the Statute Law (Repeals) Bill, what legislation will regulate those who receive military training outside the armed forces; and why the repeal will not extend to Northern Ireland. [HL2891]

The Unlawful Drilling Act 1819 has become obsolete in Great Britain because it has been superseded by modern public order law and practice. This includes the Public Order Act 1936, Section 2 of which is directed against quasi-military activities. Powers to manage crowds and demonstrations in the Public Order Act 1986 also have a potential application to address unlawful gatherings.

The repeal does not extend to Northern Ireland because the Public Order Acts of 1936 and 1986 do not extend there.

asked Her Majesty's Government:

Whether they will provide additional financial support to the Academy for Sustainable Communities, to complement that which it receives from the construction industry. [HL2964]

The Academy for Sustainable Communities (ASC) was established by Government in 2005. It receives core funding from the Department for Communities and Local Government of £5.5 million a year, and has also attracted additional funding from the Northern Way and from some sponsorship of particular activities. The intention is that the ASC will transfer to the Homes and Communities Agency once this has been established, based on its existing business plan and allocated budget from Communities and Local Government. Over time it will be for the new agency to work with the academy and CLG to develop and determine a new business plan and the appropriate funding levels for its activities.

asked Her Majesty's Government:

Whether they will inform universities and similar organisations receiving public funding of their policy that the recognition on campus of Officers Training Corps is a matter for the governing bodies of such institutions and may not be delegated to student organisations. [HL2520]

We fully support the work of the Officer Training Corps and the vital contribution it makes to university life and wider society. We fully endorse their presence on campus.

Although HEIs are independent autonomous organisations, their governing bodies are aware of their relevant legal responsibilities in this area which are as follows:

Section 43 of the Education (No 2) Act 1986 provides that those involved in the government of an institution in the higher education sector or the further education sector must take reasonably practicable steps to ensure that freedom of speech within the law is secured for members, students, employees and visiting speakers. This includes the duty to ensure so far as is reasonably practicable that use of the establishment's premises is not denied to anyone on the grounds of their beliefs, views, policy or objectives.

The duty under Section 43 includes the duty to ensure (so far as is reasonably practicable) that the use of the premises is not denied to any individual or body on grounds connected with the beliefs or views of the individual or body or the policy or objectives of the individual or body.

HEIs have to have a code of practice on the organisation of meetings and other activities to take place on their premises. They then have to take such steps etc to ensure that the code is complied with.

In addition to this the Education Act 1994 requires university governing bodies to take such steps as reasonably practicable to ensure the student union operates in a fair and democratic manner—we would expect them to do so in these cases or any others.

Governing bodies should ensure that they are fulfilling their duty to uphold these legal requirements.