asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 3 April (WA 193–94), why they have not made representations to the Government of the Republic of Ireland concerning their Offences Against the State Acts 1939-85, as required by the Belfast agreement. [HL3147]

Her Majesty's Government did not identify any issues that required representation in relation to the review conducted by the Irish Government of their Offences Against the States Acts 1939-85.

asked Her Majesty's Government:

What assessment has been made of the relative access to support programmes for businesses located in (a) rural, (b) urban and (c) inner-city areas. [HL3336]

Business Link, a free service funded by the Government available online and locally throughout England, provides access to the information, advice and support needed to start, maintain and grow a business. Regional development agencies, responsible for the contract management of the service, continually monitor the performance of the Business Link service which includes the assessment of Business Link usage by rural/urban customers. Additionally, individual regional development agencies offer access to tailored business support relevant to their own area.

In March 2004, Supporting Rural Enterprises in England by the Rural Affairs Forum for England Business and Rural Enterprise Sub-Group was published by Defra at www.defra.gov.uk/rural/pdfs/rafe/meeting7/7_9supporting_rural_enterprise.pdf. This assessed access to business support for rural firms and made policy proposals in this area.

The Economic Impact Study of Business Link Local Service was published by BERR in 2007 at www.berr.gov.uk/about/economics-statistics/economics-directorate/page21981.html. Although this did not set out to assess access as such, it did include a special perspective.

The enterprise strategy, published alongside the Budget in March 2008, announced that a new Spatial Economics Research Centre would be established to investigate what drives differences in economic growth at various spatial levels.

asked Her Majesty's Government:

In what circumstances is the power to incur expenditure under Section 82 of the Welfare Reform and Pensions Act 1999 likely to be used by the Department for Work and Pensions in future. [HL3218]

Section 82 is only likely to be used in exceptional circumstances where there is a proven need to incur expenditure ahead of Royal Assent, where it is clearly not possible to utilise paving legislation, where there is sufficient time to complete the whole process ahead of the date on which it is hoped to incur expenditure and where there is absolute confidence in the quality of the financial and other evidence to be put before the Select Committees.

asked Her Majesty's Government:

How they will ensure that local authorities set aside sufficient funds for public care proceedings to take account of the rise in the proceedings' fees; and whether they will prevent local authorities from raising thresholds for intervention for children at risk. [HL3117]

The additional financial pressure for local authorities has been reflected in the local authority CSR07 spending settlement, and for the current financial year £36.6 million (England) has been added to the formula grant so that councils can meet the cost of the higher fees. The changes to the fee structure are part of the Government's intention to create a sustainable self-funding system for civil and family courts. The fees will ensure that the family courts are properly funded and should encourage cases to be managed efficiently and in line with the requirements of the public law outline and the revised volume 1 of court order guidance. The implementation of the public law outline will bring better case preparation by local authorities and improved case management. Local authorities have legal duties under the Children Act 1989 to take action to safeguard and promote the welfare of children in need in their area, including through the initiation of Section 31 care and supervision order court applications where necessary. We expect local authorities to continue to operate in accordance with the terms of the statutory guidance issued by the Secretary of State and to continue to fulfil their Children Act 1989 duties and functions.

asked Her Majesty's Government:

Further to the Written Answer by Lord Goldsmith on 19 February 2007 (WA 175), whether they will identify the religion or belief of perpetrators as well as those of victims in the Racist Incident Monitoring Annual Report 2007-08. [HL3091]

The Crown Prosecution Service (CPS) introduced the facility to record the religion or belief of defendants and victims in April 2007. Figures for the first year's data collection between April 2007 and March 2008 have yet to be audited and validated as suitable for publication; initial indications are that the police did not provide the CPS with the required information in a large number of cases.

The CPS will publish its first annual hate crime report covering the year 2007-08 by November 2008. This report will for the first time draw together performance information about all hate-crime prosecutions. It will replace the Racist Incident Monitoring Annual Report.

asked Her Majesty's Government:

When they will publish the results of the Ministry of Justice's research into adult restorative justice work. [HL3205]

The fourth, and final, research report on the crime reduction programme restorative justice pilots is expected to be published in June.

asked Her Majesty's Government:

How they propose that the aim of improving the efficiency and effectiveness of nuclear development projects, including safety and pre-licensing, as agreed by the Prime Minister and President Sarkozy in March 2008, is to be achieved. [HL3096]

A number of measures are being implemented to take forward the agreement between the Prime Minister and President Sarkozy.

The Health and Safety Executive and the ASN (French nuclear regulator) will seek to share experience and technical findings from the safety/security assessment of the EPR design during generic design assessment and licensing. In addition they will look for opportunities for exchange of specialist staff both in terms of secondments and short-term attachments or visits.

This collaboration will help the regulators in meeting their challenging GDA completion targets—and thus give greater confidence that new nuclear power stations will be up and running in line with our energy targets.

asked Her Majesty's Government:

How it is intended that the United Kingdom will work more closely with France on civil nuclear issues, and in particular how the regulators in the two countries will work closely together to enhance the efficiency and effectiveness of the nuclear design licensing process, as discussed by the Secretary of State for Business, Enterprise and Regulatory Reform, John Hutton, and the French Energy Minister, Monsieur Borloo, on 27 March. [HL3097]

We and the Health and Safety Executive continue to explore the opportunities for close working and information-sharing between the UK and the French regulators, in particular where both regulators are engaged in regulatory assessments of the same reactor designs.

Several measures are being taken to develop closer working between the UK and French regulators, including secondments between the two organisations and putting arrangements in place to facilitate the sharing of assessments and technical investigations.

We will continue to explore further opportunities for close working with the French and other international regulators.

asked Her Majesty's Government:

Why the Prime Minister will not attend the fifth European Union-Latin America summit in Lima in May when the Heads of Government of France, Germany and Spain have announced that they will attend. [HL3246]

My right honourable friend the Prime Minister is unfortunately unable to attend the EU-Latin America summit on 16 May due to pressing diary commitments. The UK has been at the forefront of efforts towards an ambitious and action-oriented summit, and continues to work hard to secure progress on its two themes: poverty reduction and climate change.

asked Her Majesty's Government:

Further to the Written Answer by Lord Adonis on 21 April (WA 237) concerning population control, whether the population of the United Kingdom is limitless. [HL3201]

There is no evidence that the growth in population since the 1970s has been due to increases in family size. The average number of children born to women in the UK is less than two, which is considerably lower than in the 1960s.

asked Her Majesty's Government:

What action they are taking to preserve scallop stocks, in the interests of ensuring continuity of supply and of preventing damage to the biodiversity of the seabed. [HL3309]

Having had a number of recent discussions with interested parties, Defra is considering a range of possible conservation measures, with a view to a wider consultation in due course.

asked Her Majesty's Government:

What representations they have received about an underresourcing of expertise in NHS services dedicated to the particular conditions of people living with chronic pain; when the level of such expertise was last reviewed; and what consultation there has been between the Department of Health and the Chronic Pain Policy Coalition. [HL3125]

The department has received no specific representations about an underresourcing of expertise in National Health Service chronic pain services. However, in the last three years the department has received 24 letters on pain, mainly about individual cases, that broadly relate to underresourcing in this area. Four were letters of support for a 2007 Early Day Motion, “Chronic Pain Policy Coalition Report and 5th Vital Sign Campaign”, and mentioned lack of resources.

There has been no specific review of underresourcing of expertise in NHS chronic pain services. The last review of pain services was undertaken by the Clinical Standards Advisory Group in 1998. Its conclusions were published in its report, Services for Patients with Pain, in 2000.

Officials from the department met representatives of the Chronic Pain Policy Coalition on 11 April 2008 to explore opportunities for developing awareness of chronic pain with policy-makers and commissioners. In addition, the department has consulted associated groups such as the British Pain Society about the development of both an 18-week commissioning pathway for chronic pain and a section on chronic pain for the NHS Choices website.

asked Her Majesty's Government:

How many fatalities occurred in 2006 and 2007 which were attributable to hypothermia, cold homes or inadequate living conditions. [HL3164]

The information requested falls within the responsibility of the UK Statistics Authority. I have asked the authority to reply.

Letter from Karen Dunnell, National Statistician and Registrar-General, to Lord Ouseley, dated April 2008.

The most recent figures available are for deaths registered in 2006. In 2006, there were 179 deaths where hypothermia¹ was mentioned on the death certificate in England and Wales.

Figures on fatalities due to “cold homes” or “inadequate living conditions” are not available from death registration data held by the Office for National Statistics (ONS). However, ONS does produce annual figures of excess winter mortality (EWM)². The latest available data for excess winter mortality for England and Wales are provisional figures for 2006-07. In the winter period of 2006-07 (December to March) there were an estimated 23,900 more deaths in England and Wales compared to the average level in the non-winter period.

1 Selected using the International Classification of Diseases, Tenth Revision (ICD-10) code T68.

2 Excess winter deaths are defined by the Office for National Statistics as the difference between the number of deaths during the four winter months (December to March) and the average number of deaths during the preceding four months (August to November) and the following four months (April to July). Figures for 2006-07 are provisional and are therefore rounded to the nearest 100.

asked Her Majesty's Government:

Further to the Answer by Lord Adonis on 20 March (Official Report, House of Lords, col. 362), whether they will arrange for the response of the chief inspector of Ofsted to Lord Morris of Manchester requested by Lord Adonis about bullying of and physical hurt to children with learning disabilities to be published in the Official Report. [HL3439]

I have arranged for Her Majesty's Chief Inspector's response to Lord Morris to be published in the Official Report and a copy of the letter to be placed in the Library of the House. The Government take the issue of bullying involving children with special educational needs and disabilities very seriously. We are currently considering how best to work with Ofsted in our continuing drive against such bullying.

Letter from Christine Gilbert, Her Majesty’s Chief Inspector, Ofsted, to Lord Morris of Manchester dated 21 April 2008.

Lord Adonis has written to me about your exchange in the House of Lords on 20 March 2008.

The bullying of disabled children is an issue that Ofsted takes very seriously. I know colleagues within the Education Directorate in Ofsted have recently met with representatives from Mencap to discuss the implications of their report: Bullying Wrecks Lives. Eileen Visser HMI discussed with Lesley Campbell and Rachel Hughes (Managers for the Stop the Bullying Campaign) what more inspectors might look for in relation to bullying of disabled pupils in schools.

A consequence of this meeting has been to provide a platform for a young woman with a learning disability to address our forthcoming Education Directorate conference, which will include references to disablist bullying in schools. At this same conference, training will be given to inspectors on the inspection of learning difficulties and/or disabilities in schools. The issue of bullying as a result of a disability is included.

In February this year, the Children's Rights Director in Ofsted published a report which had canvassed children and young people's views about bullying and what could be done to improve this problem. This survey included residential special schools and the views of 153 children who declared themselves as having a disability were taken. The report can be found at www.ofsted.gov.uk/assets/Internet_Content/Shared_Content/Files/2008/feb/chldrnonbllyng.doc.

Referring now to your comments about the Disability Discrimination Act, I can advise that Ofsted recently carried out a rapid response survey looking at schools' compliance with equalities legislation. This report was sent as an internal briefing paper to the Department for Children, Schools and Families (DCSF). In this small scale survey one in four schools indicated a shortfall in their compliance with legislation. This shortfall was reported in their inspection report where it had a negative impact on the overall judgment about equalities. Concerns about compliance are also included in a school's inspection report where there is an impact on the outcomes for learners. Over time this should lead to improvement in schools' compliance with legislation.

We are conducting a survey of SEN provision and outcomes in 2009-10 and bullying could be a factor in this work. Furthermore we have indicated that it would be possible to include a separate survey solely looking at this issue in the 2009-10 work programme and will discuss that with the DCSF.

I hope this is helpful. Do please contact me if I can provide you with further information.

asked Her Majesty's Government:

What progress has been made on the public consultation concerning possible new exemptions to the Licensing Act 2003 for low-risk music events. [HL3291]

The Government are currently drawing up options for exempting from the Act certain low-impact licensable activities, including low-impact live music events, and aim to carry out a public consultation by the summer.

asked Her Majesty's Government:

Whether they have considered using the power under paragraph 4 of Schedule 1 to the Licensing Act 2003 to amend the Act's descriptions of entertainment to make clear that low-risk performances are exempt. [HL3292]

Yes. This is one of several options that the Government are considering.

asked Her Majesty's Government:

What meetings the Department for Culture, Media and Sport has held, or has scheduled, this year with representatives of musicians' organisations; and whether the department's agenda for those meetings included or will include discussion of new exemptions from the Licensing Act 2003 for low-risk performances. [HL3293]

Representatives of the Musicians' Union (MU) had an introductory meeting with new senior officials in the creative industries team at the Department for Culture, Media and Sport (DCMS) on 28 January 2008. There was no formal agenda for this meeting.

The MU is a member of the DCMS's Advisory Group on Alcohol and Entertainment Licensing and its sub-group on minor variations. Both groups met on 13 March 2008. The question of new exemptions from the Licensing Act 2003 for low-impact activities (including low-impact musical performances) was discussed at both meetings.

The Secretary of State for Culture, Media and Sport will meet the MU on 3 June 2008 to discuss music-industry issues. The agenda for this meeting has not yet been agreed.

asked Her Majesty's Government:

Whether they will increase the designation of United Kingdom waters as a marine conservation protection area to more than the present 2.25 per cent; and, if so, to what percentage. [HL3301]

Our objective is to designate an ecologically coherent network of well managed marine protected areas by 2012.

At this stage it is too early to predict the precise size and shape of the network of marine protected areas. This will depend on the outcome of work being undertaken by the statutory conservation agencies to identify sites in UK waters. This work is being taken forward with the involvement of sea users, industry and other stakeholder groups.

asked Her Majesty's Government:

What new measures they are considering to protect seriously endangered marine life species around the United Kingdom coastline and in offshore waters. [HL3300]

The draft Marine Bill contains various proposals which will help us to better protect marine wildlife, and prevent the loss of marine biodiversity. Part 4 in particular provides for the designation and protection of marine conservation zones (MCZs), which will be capable of being used where necessary to protect seriously endangered marine life species throughout UK waters, as well as rare, threatened and representative species, habitats and marine features.

The UK's biodiversity strategy has established biodiversity action plans (BAPs) for a number of marine species including harbour porpoise and bottle-nosed dolphins and for marine habitats such as eelgrass and maerl beds.

asked Her Majesty's Government:

How many appeals have been (a) made and (b) successful against decisions of Mental Health Act tribunals in each of the past five years for which figures are available. [HL3254]

There is currently no right of appeal against the decision of a mental health review tribunal (MHRT). Decision of the MHRT may only be challenged by judicial review. There is no historical information which provides details of the number of decisions of MHRTs which have been challenged by judicial review. There is no historical information which shows the outcome of decisions of MHRTs challenged by judicial review.

asked Her Majesty's Government:

On how many occasions the Secretary of State for Justice and his predecessors have appealed against decisions of Mental Health Act tribunals; and how many of these appeals have been successful. [HL3255]

My right honourable friend the Secretary of State for Justice and Lord Chancellor (Jack Straw) and the mental health review tribunal operate in parallel to achieve a balance between the need to protect the public from serious harm and the rights of individual restricted patients to seek independent judicial review of the lawfulness of their detention for treatment.

The Secretary of State sometimes seeks judicial review of the tribunal's interpretation of its powers or whether its decision-making has been a reasonable or adequately explained response to the evidence. The tribunal is charged with taking an independent decision, and the Secretary of State does not seek review simply because he disagrees with the tribunal's conclusion.

No central record is kept of the occasions when he has sought review of the tribunal's process.

asked Her Majesty's Government:

(a) which Northern Ireland projects were funded by the Millennium Fund; (b) how much was allocated in each case; (c) what were the names of projects which fully achieved their declared objectives; (d) what were the names of those projects which failed to meet fully their objectives; (e) what moneys were retrieved from unsuccessful projects; and (f) what moneys were withdrawn from successful projects. [HL3098]

The Millennium Commission funded the following capital projects in Northern Ireland:

All these projects achieved their declared objectives in the past, but the Linen Green Centre, Moygashel, no longer has public good objectives. It met its objectives from its completion in 2000 until ownership was transferred in 2006 to a third party which was not subject to the objectives set out in the original Millennium Commission grant agreement. The sum of £960,500 was retrieved from the Linen Green Centre, Moygashel. No moneys have been withdrawn from successful projects.

asked Her Majesty's Government:

(a) how many projects were funded by the Millennium Fund in the United Kingdom; (b) how much funding was allocated in total; (c) how many projects fully achieved their declared objectives; (d) how many projects did not meet fully their objectives; (e) how much millennium grant moneys were spent on projects which did not meet their objectives; (f) how much was retrieved from such projects; and (g) how much was withdrawn from successful projects. [HL3099]

Two hundred and twenty-three completed capital projects were funded by the Millennium Commission in the UK apart from the Millennium Experience at Greenwich, which was subject to different procedures, and £1,326 million was allocated for the capital programmes. Of the 223 completed projects, 219 achieved their declared objectives. Three projects became insolvent and failed to meet their objectives. A fourth has recently been sold for non-public good purposes. The total grant spent on these four projects was £45,053,232. The amount retrieved from these four projects was £6,003,017. No grant has been withdrawn from successful projects.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 28 April (WA 8) concerning the dress code for the Northern Ireland Office, what is meant by a formalised dress code. [HL3400]

The Answer given on 28 April (WA 8) explained that the department has no formalised dress code for staff. This means that the departmental staff handbooks do not set out requirements concerning the type of clothing which should be worn by staff.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 24 April (WA 316) concerning the funding of a joint committee with the Irish Human Rights Commission and the Northern Ireland Human Rights Commission, whether they fund the joint committee by any means. [HL3313]

I am advised that, to date, the only expenditure on work between the two commissions has been on expenses for meetings between them, which are held quarterly at alternate venues in Northern Ireland and the Republic of Ireland. These expenses are met by the hosting commission.

asked Her Majesty's Government:

Further to the Written Answer by Lord Davies of Oldham on 21 April (WA 257), what is the (a) legal and (b) economic impact on Northern Rock plc of the Whinstone special purpose vehicles set up by Northern Rock plc. [HL3208]

During the period of temporary public ownership, Northern Rock will be managed on an arm’s-length, commercial basis. It is a matter for the company's management to report on its day-to-day business.

asked Her Majesty's Government:

Why women who received maternity allowance in April 1979 have not had the year 1979-80 qualifying towards their final state pension; and [HL3209]

For which years women who received maternity allowance over the month of April will have shortfalls in their state pension; and [HL3210]

Why women who received maternity allowance over the month of April and have discovered shortfalls in their state pension have not been allowed to top up their national insurance contributions to gain a full state pension. [HL3211]

National insurance contributions are credited to women for each week of their maternity allowance period for which they receive maternity allowance. In 1979, the maternity allowance period covered a maximum period of 18 weeks.

Whether women who were paid maternity allowance gained a qualifying year in 1979-80 or any other year would depend on their employment and on their level of earnings before and after the maternity allowance period—which may straddle two tax years.

Women who did not return to work or took low-paid work were eligible for home responsibilities protection for each complete tax year from 1978-79 where they received child benefit throughout the tax year for a child under 16 provided they did not have a reduced rate election in force. Home responsibilities protection works by reducing the number of qualifying years a person needs to get a basic state pension. However, it cannot presently reduce the number of qualifying years needed to get a full basic state pension below 20. Where a woman reaches state pension age on or after 6 April 2010, any years of home responsibilities protection she has acquired will be converted to qualifying years, when home responsibilities protection is replaced by a weekly credit.

Women may top up their national insurance record by paying class 3 voluntary contributions in order to gain a full basic state pension provided they meet the qualifying conditions for doing so. These contributions have to be paid within certain time limits. Currently, the time limit for paying is generally six years. However, for tax years before 1982-83, these contributions needed to be paid before the end of the second year following the deficient year. Class 3 contributions cannot be paid for any years for which a reduced rate election was in force.

asked Her Majesty's Government:

How many members of the police force in County Fermanagh have (a) desk-based jobs, (b) partly desk-based jobs and (c) community-based jobs. [HL3144]

The chief constable has provided the following Answer.

The Police Service of Northern Ireland refers to officers as being operational and non-operational. Non-operational officers provide a support function to front-line policing.

In Fermanagh Area Command Unit there are currently 147 operational officers (of which 39 are attached to neighbourhood policing teams) and 24 non-operational officers.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 24 April (WA 319), when discussion on human rights in the Republic of Ireland took place, if not at the British-Irish Intergovernmental Conference. [HL3311]

The Government regularly discuss a wide variety of issues with the Irish Government at ministerial and official level. To identify all occasions on which the subject of human rights in the Republic of Ireland was discussed could be done only at disproportionate cost.

asked Her Majesty's Government:

Whether the Rural Payments Agency has been instructed not to penalise applicants who fill in the SP5 form as it was originally distributed before the European Commission changed the 10-month rule. [HL3350]

Guidance on how to complete the relevant parts of the form is set out in the How to Complete Your SP5 Application Form booklet issued to applicants. This is designed to ensure that the issue of penalties does not arise.

asked Her Majesty's Government:

What is their position on faith schools. [HL3127]

Faith schools have historically been and continue to be an integral part of the school system in England, constituting around one-third of the 20,501 maintained schools in England. They play a very valuable role and have much to contribute to our common aim of building a more just and cohesive society and improving the life chances of all children, particularly the most disadvantaged.

We set out our position in the document Faith in the System in September last year. This is now being taken forward by the faith groups.

We are committed to supporting the establishment of new schools by a range of providers—including faith organisations—where local consultation has shown that this is what parents and the local community want, where the school is willing and able to comply with the requirements on all maintained schools, and where this greater diversity will help to raise standards. This is subject to parental demand and proper local consultation and decision-making.

asked Her Majesty's Government:

Further to the Written Answers by Lord Davies of Oldham on 12 December 2007 (WA 75) and 21 January 2008 (WA 23–24), what developments there have been subsequent to the Minister for Sport's meeting with representatives of the Manchester United Supporters' Trust and others on ticket pricing and the future of football; and what further action the Department for Culture, Media and Sport is considering on this matter. [HL3216]

The Minister for Sport recently had very constructive discussions with both Supporters Direct (including representatives of the Manchester United Supporters' Trust) and the Football Supporters Federation on ticket pricing and the wider concerns of supporters.

This is a matter for the football authorities and clubs. However, the Government have been clear that improved supporter representation, particularly at board level, has a key role to play in finding solutions to these issues and in ensuring clubs remain accountable to the fans who are at the heart of the game.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 22 April (WA 291) concerning the St Andrews agreement, what is meant by the Belfast agreement's “structure and functions”. [HL3231]

It means the institutions set up as a result of the Belfast agreement, the interrelationship between them and with other institutions and the functions assigned to them by the legislation that implemented the agreement. Within UK domestic law, the majority of these are covered by the Northern Ireland Act 1998.

asked Her Majesty's Government:

Whether they propose to restrict the maximum speed of motorcycles to the national limit. [HL3145]

There are no plans to govern motorcycle engines to a maximum speed of 70 mph.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 22 April (WA 295) concerning the promotion of Ulster-Scots, how they propose to monitor the promise concerning Ulster-Scots language, heritage and culture as a signatory to the St Andrews agreement. [HL3274]

I refer the noble Lord to the final sentence of my Answer (Official Report, col. WA 295).

asked Her Majesty's Government:

When they will lay out the process and criteria for a review in three years’ time of the implementation of the unfair commercial practices directive. [HL3338]

If approved by Parliament the Consumer Protection from Unfair Trading Regulations 2008, which implement the unfair commercial practices directive, will come into force on 26 May. I would expect this department to set out the procedure for reviewing the regulations in late 2010 or early 2011.