Written Answers
Thursday 8 May 2008
Airports: Dungeness
asked Her Majesty's Government:
What is their response to proposals to construct a new airport on the Dungeness peninsula. [HL3388]
We are not aware of any proposals for a new airport on the Dungeness peninsular. However, we are aware of two planning applications in regard to Lydd airport. It would be prejudicial for Ministers, who have a quasi-judicial role in the planning process, to comment on matters in regard to Lydd airport that are subject to a planning application and may come before a planning inquiry.
The Government's policy on airport expansion remains as set out in the 2003 White Paper The Future of Air Transport and as confirmed in the 2006 Progress Report. In the run-up to the 2003 White Paper the Government considered at length a large number of options for additional airport capacity across the UK, several of which were then subject to public consultation. In the south-east, support is given to a new runway at Stansted Airport, followed by one at Heathrow Airport subject to meeting strict local environmental conditions.
Armed Forces: Visiting Personnel
asked Her Majesty's Government:
In what circumstances United States military personnel within or outside military bases on United Kingdom soil are not subject to United Kingdom laws. [HL3347]
United States Visiting Force (USVF) personnel are subject to United Kingdom laws both within or outside military bases in the United Kingdom made available to the USVF.
The service authorities for the USVF member alleged to have committed an offence and the United Kingdom authorities agree under which jurisdiction criminal charges are dealt with, in accordance with the provisions of the NATO Status of Forces Agreement of 1951.
asked Her Majesty's Government:
When the Visiting Forces Act 1952 was last reviewed; and whether there are any current plans to review it. [HL3348]
The Visiting Forces Act 1952 (the Act) was passed to incorporate the provisions of the NATO Status of Forces Agreement 1951 into United Kingdom law. There has been no need to review the Act since 1952 nor are there any plans to review it in the foreseeable future.
Arts Council
asked Her Majesty's Government:
Further to the Written Answer by Lord Davies of Oldham on 22 April (HL3015), (a) what is the legal source of Arts Council England's duty or power to require information about the sexuality of members of the management committees, boards, governing bodies and councils of theatre organisations, and (b) whether this requirement is compatible with the right to respect for private life, guaranteed by Article 8 of the European Convention on Human Rights[HL3175]
There is nothing in law that prevents Arts Council England (ACE) from collecting this information for statistical or monitoring purposes and ACE considers that this data-gathering is compliant with Article 8 of the European Convention on Human Rights. Organisations are asked to state the breakdown by sexual orientation of their governing body. If they do not have this information or do not want to answer, they can tick the “Don't know” box.
Aviation: Crash Landing
asked Her Majesty's Government:
What progress has been made in determining the cause of the crash landing of British Airways Boeing 777 aircraft G-YMMM at Heathrow Airport on 17 January. [HL3344]
The Air Accidents Investigation Branch (AAIB) investigation has identified that when the aircraft was at a height of approximately 700 feet, an increase power demand was received at both engine control units. Despite the correct operation of all engine control functions and sufficient fuel on board the aircraft, the engines did not respond.
The focus of the investigation continues to be the fuel system both in the aircraft and on the engines. Under the direction of the AAIB, extensive and challenging full engine testing continues at Rolls-Royce, Derby and some equally, if not more so, challenging fuel system testing is ongoing at Boeing, Seattle, USA.
These tests are collectively aimed at understanding and, if possible, replicating the system/engine performance experienced during the accident.
Fuel experts and statisticians are also involved in the investigation, reviewing and analysing many thousands of data points recorded on the Boeing 777 fleet of aircraft to see if any trends of statistical significance can further contribute to an understanding of the accident.
The Federal Aviation Administration, the European Aviation Safety Agency and the Civil Aviation Authority are being kept fully briefed on the progress of the investigation.
Belize: Military Base
asked Her Majesty's Government:
Whether they plan to wind down or close the military base in Belize. [HL3345]
There are no plans to close the British Army Training Support Unit Belize (BATSUB). There is an ongoing review of the best way of delivering overseas training for light force battlegroups, including the role played by BATSUB. This may lead to changes in the type of training undertaken, but we expect that overall activity levels will remain broadly similar.
British Overseas Territories
asked Her Majesty's Government:
Whether they will allow the Falkland Islands Museum in Stanley and other similar organisations in the British Overseas Territories to qualify for lottery funding in order to improve tourist facilities. [HL3253]
Lottery grants are awarded independent of the Government by Lottery distributors. Each Lottery distributor has a geographical area for which it is responsible and we have no plans to change these areas.
Business: Government Support
asked Her Majesty's Government:
What research has been conducted into the consequences of market distortion from government subsidies to failing businesses. [HL3335]
State aid rules require that a market impact assessment is completed before any restructuring aid can be approved. On the infrequent occasions that we have awarded restructuring aid, for example to British Energy, there has been a detailed consideration of the effects on the market.
Children: Poverty
asked Her Majesty's Government:
Further to the Written Answer by Lord Davies of Oldham on 1 October 2007 (WA 242), what is the estimated total number of children who would have been in poverty in the United Kingdom, according to the European standard of less than 60 per cent of the median household income, in 2007 and 2008 (estimate), if the level of child benefit had been raised, in relation to the 1997 level (a) by 25 per cent. (b) by 33 per cent, and (c) by 50 per cent more than the rise equivalent to the rise in earnings; and what would have been the cost (1) in billions of pounds, and (2) as a percentage of gross domestic product, including and not including estimated savings accruing from consequential reduced costs in other family and child allowances. [HL3190]
Child benefit for the first child has increased by 70 per cent since 1997-98, corresponding to an increase of 13 percentage points above the rise in earnings and the Government are committed to increasing it from £18.10 to £20 by April 2009. Expenditure on child benefit has increased from £7,340 million in 1997-98 to a projected £10,950 million in 2008-09, a rise of £3,610 million.
Significant increases in support for low-income families with children, including increased child benefit, have helped to lift 600,000 children out of relative poverty since 1997, following a doubling in the previous decades. The Government have committed to halve child poverty by 2010-11 and to eradicate it by 2020.
The Government are committed to providing financial support based on the principle of progressive universalism. Child benefit underpins this approach, providing financial support to all families, but the Government also believe that more targeted support is needed to help those on the lowest incomes.
Estimates of costs of increasing the level of child benefit in relation to its 1997 level, (a) by 25 per cent, (b) by 33 per cent and (c) by 50 per cent more than the rise in earnings are set out in the table below, in £billion and as a percentage of GDP. Estimated costs are additional to what the Government have already spent in child benefit since 1997.
2007-08 Earnings +25% Earnings +33% Earnings +50% Gross Cost (change in child benefit) £ billion £l bn £1.4bn £2.2bn % of GDP 0.1% 0.1% 0.2% Net Cost (after taking into account changes in income-related benefits) £billion £l bn £1.4bn £2.2bn % of GDP 0.1% 0.1% 0.2% 2008-09 Gross Cost (change in child benefit) £billion £1.1bn £1.6bn £2.5bn % of GDP 0.1% 0.1% 0.2% Net Cost (after taking into account changes in income-related benefits) £billion £1.1bn £1.6bn £2.5bn % of GDP 0.1% 0.1% 0.2%
Trying to model changes to the rate of child benefit on the level of children in poverty involves considerable uncertainty and is sensitive to factors such as sampling errors, the precise definition of household income, income equivalisation scales and other modelling choices. It is estimated that the same increases in child benefit in relation to its 1997 level, (a) by 25 per cent, (b) by 33 per cent and (c) by 50 per cent more than the rise in earnings may reduce the number of children living in households with income below 60 per cent of median income by (a) 100-150,000, (b) 150-200,000 and (c) 250-300,000.
The increase in child benefit since 1997-98 was derived using the average earnings index (AEI), and scaling AEI growth each year by either 25 per cent, 33 per cent and 50 per cent. Estimates were derived using 2005-06 Family Resources Survey data and are on a before housing costs basis, using OECD equivalisation factors.
The Government will continue to pursue a multi-faceted strategy to tackle child poverty, as set out in Ending Child Poverty: everybody's business (March 2008). This is based on financial support for families, work for those who can, tackling material deprivation and improving life chances for poor children.
Climate Change: Sea Level
asked Her Majesty's Government:
Whether the United Kingdom is facing particular problems from the rise in world sea level, especially in low-lying and heavily populated areas, as outlined in the United Nations Intergovernmental Panel on Climate Change's fourth assessment report. [HL3296]
Rising sea levels is an issue that affects many coastal areas both in the UK and around the world. The fourth assessment report (AR4) of the Intergovernmental Panel on Climate Change (IPCC) concluded that world sea levels could rise by 0.18m to 0.59m (relative to 1980 to 1999) by the end of the 21st century, as a result of global warming. These estimates do not include future changes in ice dynamics, which could increase the contribution of ice sheets to sea level rise over the 21st century. The AR4 identified low-lying islands in the Pacific and flood plain deltas like Bangladesh as particularly vulnerable regions.
For the United Kingdom, the impact of sea level rise on flooding and coastal erosion is certainly a challenge and risk for Defra and operating authorities (Environment Agency, local authorities and internal drainage boards). The potential increase in intensity, severity and frequency of coastal storms, as another consequence of climate change, also needs to be considered in this context. The risks may include an increased frequency of coastal flooding, with greater potential for coastal erosion.
asked Her Majesty's Government:
What role United Kingdom scientists are playing in the use of aerial photography to determine rises in sea level. [HL3298]
Aerial photography is a technique that UK scientists have been using to a limited extent, primarily as an indirect means of estimating sea level rise caused by ice loss from glaciers.
The British Antarctic Survey (BAS), which is funded by the Natural Environment Research Council (NERC), has a unique archive of aerial photography for Antarctica, going back to the 1940s. Scientists at BAS have made extensive use of this time-series photography to identify ice volume loss in Antarctic peninsula glaciers, which is contributing to sea level rise. Using data from both this archive and other sources of information, a collaborative study between BAS and the US Geological Survey, published in the journal Science in 2005, found that 87 per cent of the 244 glaciers studied had retreated over the last half-century. Loss of ice volume in Antarctic peninsula glaciers contributes to sea level rise.
More generally, direct measurements of sea level rise are made using satellite altimetry. Monthly and yearly mean values of sea level at all UK sites are retained by the Permanent Service for Mean Sea Level (PSMSL), which is based at the Proudman Oceanographic Laboratory. Also, Defra is working with the Environment Agency and the Proudman Oceanographic Laboratory to measure and understand the effects of vertical land movement (sinking in south-east England and rising in the north of the country), caused by melting of ice at the end of the last ice age.
Crime: Fuel Smuggling
asked Her Majesty's Government:
How much revenue they estimate was lost to illegal handling of fuel in Northern Ireland in 2007. [HL3444]
Estimates of the revenue lost through the illegal consumption of diesel and petrol in Northern Ireland are not available because it is not yet possible to split revenue losses between those resulting from the illicit market and those from legitimate cross-border shopping. However, latest estimates of the total non-UK duty paid consumption are available to 2005-06, and are reported in Measuring Indirect Tax Losses—2007 which is published alongside the PBR and can be found in the House of Lords Library.
Crime: Restorative Justice
asked Her Majesty's Government:
What were the outcomes of the consultation on improving restorative justice in referral order panels. [HL3206]
The Youth Justice Board issued a consultation document to practitioners on referral orders at the end of last year entitled Referral Orders Priorities for Action. It is now in the process of drawing up an action plan to address issues raised in the responses, which it is anticipated will include how to improve the use of restorative justice in referral order panels.
asked Her Majesty's Government:
What restorative justice targets are included in the key performance indicators for youth offending teams; whether these have increased or decreased in the last year; and whether they are adequate. [HL3207]
Although youth offending teams do not have any specific targets or key performance indicators in 2008-09 for restorative justice, their performance management framework and inspection focuses on the outcomes for young offenders. Youth offending teams are best placed to decide on the right approach in individual cases, including the use of restorative justice, to meet these overall objectives. It allows options to be tailored to the needs of individuals and areas. This allows for local discretion on how to best use restorative justice approaches. In addition the Youth Justice Board works with youth offending teams to disseminate best practice. We believe that this approach is likely to be more effective than a simple target to use restorative justice processes in a specific number of instances as it will allow its use to be targeted more appropriately where it can be most effective for offender and victim.
Disabled People: Mencap Report
asked Her Majesty's Government:
What consideration they have given to Mencap's new policy statement Making rights a reality; whether they will respond to the statement; and whether they are considering any action as a result of it. [HL3303]
We have given consideration to Mencap's policy statement Making rights a reality. The rights of people with a learning disability were looked at as part of the consultation Valuing People Now: From Progress to Transformation. A copy of this has been placed in the Library. The deadline for responses to this consultation was 28 March 2008 and the responses are currently being analysed. The valuing people now delivery strategy will explicitly include a strand of work around promoting awareness of a human rights approach to learning disability services.
Embryology
asked Her Majesty's Government:
Further to the Written Answers by Lord Darzi of Denham on 21 April (WA 234–35), what the effect was on any decision by the Human Fertilisation and Embryology Authority's research licence committee of comments by those opposed to cloning human embryos; and [HL3282]
Further to the Written Answers by Lord Darzi of Denham on 31 March (WA 132–33) and 21 April (WA 234–35), why the Human Fertilisation and Embryology Authority (HFEA) did not take account of views in favour of human reproductive cloning, when the register of members' interests in each of the HFEA's last four annual reports referred to royalties being received from academic publishers by a research licence committee member, one of whose publications seemingly approves of human reproductive cloning (on page 320 of Regulating Reproduction: Law, Technology and Autonomy). [HL3283]
The Human Fertilisation and Embryology Authority (HFEA) research licence committee's decisions are made in accordance with the criteria laid down in the Human Fertilisation and Embryology Act 1990. Comments received are among the material considered.
The HFEA has assured me that no member of the authority is in favour of human reproductive cloning, nor does the citation referred to approve of human reproductive cloning.
asked Her Majesty's Government:
Further to the Written Answers by Lord Darzi of Denham on 21 April (WA 235), what role Dr David Thorne played in preparing the information leaflet on egg sharing for research that was made available on the website of the North East England Stem Cell Institute; and in what capacity has Dr Thorne been employed by the Human Fertilisation and Embryology Authority; and [HL3284]
Further to the Written Answers by Lord Darzi of Denham on 22 January (WA 28–29) and 21 April (WA 235), how the information leaflet on egg sharing for research provided by the North East England Stem Cell Institute was approved by the Human Fertilisation and Embryology Authority (HFEA); what is the risk of hospitalisation recorded in the minutes of the HFEA research licence committee meeting September 2006 with regard to the number of eggs suggested in the NESCI information leaflet in order to ensure that the chance of pregnancy is not significantly reduced; and how this risk compares with the overall incidence of hospitalisation for the corresponding number of eggs described in the journal Human Fertility (volume 10, issue 3, pages 183–87). [HL3285]
The Human Fertilisation and Embryology Authority (HFEA) has informed me that Dr David Thorne was employed as a licensing manager between January 1994 and August 2000. The HFEA holds no information on Dr Thorne's activities since that date.
The HFEA has advised me that the information leaflet on egg sharing for research was provided by the Newcastle Fertility Centre at Life. The leaflet was approved by the HFEA's research licence committee via correspondence with HFEA staff, concluding on 11 July 2006.
The overall incidence of hospitalisation where 20 or more egg follicles develop, described in the journal Human Fertility, volume 10, issue 3, pages 183-187, is 14.5 per cent. For women who develop fewer than 20 follicles the risk is described in the article as less than 0.1 per cent. The HFEA has informed me that the written representations considered by the research licence committee set out this information on risk, which has subsequently been published.
I have also been informed that there is an error in the minutes of the HFEA research licence committee held on 14 September 2006, which incorrectly recorded the risk of hospitalisation, following superovulation due to ovarian hyperstimulation syndrome, as 1 in 2,000 for “women who grow 20 or more follicles”. The correct phrase should be “less than 20”.
asked Her Majesty's Government:
Further to the Written Answers by Lord Darzi of Denham on 21 April (WA 232–33) and (WA 235), what treatment offered to a patient would be considered the most suitable available to satisfy the needs of the recipient with regard to egg sharing for research; and to what extent the Human Fertilisation and Embryology Authority has ensured that those providing such treatment services are not engaged in the relevant research. [HL3286]
Decisions on what treatment should be offered to a patient in these circumstances are matters of clinical judgment, to be decided on a case by case basis. The Human Fertilisation and Embryology Authority's Code of Practice stipulates that where donated material is used for research, the licensed centre shall ensure that clinical and research roles are separated, so that individuals involved in advising patients regarding clinical decisions about their treatment are not involved in the research project to which patients are considering donating eggs.
Energy: Long-term Supply
asked Her Majesty's Government:
Whether they intend to commission a forecast of the long-term energy supply and use for the United Kingdom from the UK Energy Research Centre, to assist the general public's understanding of climate change and energy consumption issues. [HL3299]
As part of the analysis for the 2007 energy White Paper the department commissioned a study from the UK Energy Research Centre using the MARKAL energy model on the cost of and options for meeting the Government's target in 2050 of a 60 per cent reduction in carbon dioxide emissions compared with 1990. The full report is available at www.ukerc.ac.uk/Downloads/PDF/S/Scenariosreport.pdf.
A summary of the report is available at www.berr.gov.uk/files/file38979.pdf.
The department may commission further research using the model to inform future policymaking.
Health: Long-term Neurological Conditions
asked Her Majesty's Government:
Whether they will publish the terms and value of the contract for the study into support services for patients with long-term neurological conditions by a team at King's College London; and [HL3325]
When the report of the team at King's College London into support services for patients with long-term neurological conditions is expected to be received by Ministers. [HL3326]
The department's National Institute for Health Research (NIHR) has recently announced its intention to award a programme grant entitled “Cost-efficient service provision in neurorehabilitation: defining needs, costs and outcomes for people with long-term neurological conditions” to Professor Lynne Turner-Stokes, North West London Hospitals NHS Trust/King's College London.
The award is subject to contractual negotiation, but we anticipate that it will be for some £2 million and will run for five years starting in July 2008. The research will be governed by a standard departmental research and development contract an example of which is available on the NIHR website at www.nihr-cf.org.uk/site/docdatabase/rfpb/rfpb_docs/RfPB%20-%20NHS%20Trust%20Contract.pdf.
Housing: Home Insulation Grants
asked Her Majesty's Government:
What steps they are taking to ensure that those in greatest social need are helped to understand and secure home insulation grants. [HL3100]
The Government's main programme for eradicating fuel poverty in England is the Warm Front scheme, which provides a variety of heating, insulation and energy efficiency measures to vulnerable households. The scheme engages with those in greatest social need, including rural, private landlord and black and minority ethnic households, through targeted activities run in conjunction with landlords' forums, private sector housing and regeneration teams at a number of local authorities. In addition, working closely with local authority benefit managers remains a key priority by providing opportunity to successfully target the most vulnerable households readily eligible for assistance. Warm Front also has a network of organisations operating in the charitable sector that proactively promote and refer back to Warm Front. Marketing of the Warm Front scheme is continually developing to ensure the right information reaches those in most need of assistance.
The carbon emission reduction target (CERT), which started in April 2008, is an obligation on energy suppliers to achieve targets for promoting reductions in carbon emissions in the household sector. Under CERT, energy suppliers are required to direct 40 per cent of their carbon savings to a priority group of low income and elderly consumers. Suppliers may use a variety of methods to identify priority group consumers. These include setting out the priority group criteria in promotional material; partnership arrangements with bodies like social housing providers or charities that work with priority group consumers; and showing consumers the priority group criteria when giving out measures person-to-person.
Immigration: Failed Asylum Seekers
asked Her Majesty's Government:
Whether some failed asylum-seekers subject to deportation orders are being kept in immigration detention during the period in which the Home Office obtains emergency travel documents for them; if so, whether they have been detained for more than one year; and, if so, how frequently in the past year detentions of over one year have occurred. [HL3302]
Individuals, including failed asylum seekers, subject to deportation orders may be detained while the travel documentation process to facilitate their removal is taking place. It is not possible to identify separately such individuals from within the statistics on all persons detained under Immigration Act powers. This would only be possible through the examination of individual records at disproportionate cost.
Following a change in the system in which information is collected, statistics on all persons detained under sole Immigration Act powers by length of detention are not available after September 2006. Information on children has only been made available through the examination of individual cases, which would only be possible for adult detainees at disproportionate cost.
Published statistics on immigration and asylum are available from the Library of the House and from the Home Office Research, Development and Statistics Directorate web site at www.homeoffice.gov.uk/rds/immigration1.html.
Immigration: Oakington Removal Centre
asked Her Majesty's Government:
In the light of the Chief Inspector's reports, whether they intend to replace the tannoy system at Oakington immigration removal centre. [HL3185]
Although there are no immediate plans to replace the tannoy system, which is used to alert detainees to hospital and other routine appointments, the UK Border Agency and its contractor, GSL, are examining other methods of alerting detainees. These other options are very much in the discussion stage at present and they include the use of mobile phones as pagers, pagers and even the possibility of using runners to pass messages as a paid work opportunity.
Immigration: Sri Lankan Tamils
asked Her Majesty's Government:
How many Sri Lankan nationals of Tamil background in immigration detention in the United Kingdom have made applications to the European Court of Human Rights in Strasbourg based on their claimed risk on return to Sri Lanka; whether they replied to the letter of 23 October 2007 from the registrar of the fourth section of the European Court of Human Rights; if so, what reply they gave; whether they have agreed, or will agree, not to remove such applicants to Sri Lanka until their cases are decided at Strasbourg; and whether on 12 February the fourth section agreed a lead case, NA v United Kingdom, application number 25904/07. [HL3279]
The European Court of Human Rights does not routinely notify the Government when an application is made for interim measures under Rule 39 of the Rules of Court. Statistics on the number of applications should be sought from the court. The court only notifies the Government when an application is granted.
The Government replied to the letter of 23 October on 31 October stating that:
“The Government do not consider that the current situation in Sri Lanka merits the conclusion that Tamils who face removal to Sri Lanka will necessarily face a real risk of ill treatment in breach of the Convention. Each case must be assessed on its merits against the available evidence”.
A copy of this letter was placed in the Library of the House.
This policy has already been subject to judicial scrutiny. The Asylum and Immigration Tribunal found in the case of LP[2007] UKAIT 00076 that Tamils are not per se at risk of serious harm from Sri Lankan authorities in Colombo and that consideration of a number of factors that may increase the risk to an individual is required in each case.
Where the European Court of Human Rights grant an application for interim relief the Government will not enforce removal until the court is satisfied that it is safe to do so.
The Government understand that the court may adopt a lead judgment dealing with the safety of return issues for Sri Lankan Tamils and that this is likely to be in the case of NA v United Kingdom. The Government are not aware that any such judgment has yet been adopted by the court.
Kenya: Military Personnel
asked Her Majesty's Government:
How many military personnel are currently serving in Kenya; and whether there are any proposals to increase that number. [HL3346]
There are currently 62 permanent staff serving in Kenya. These are split between several roles including: the Defence Section in the High Commission; the British Peace Support Team—East Africa (BPST-EA); and the British Army Training Unit Kenya (BATUK). BATUK includes 13 permanent staff and 28 augmentees on six-month postings; we are currently reviewing this, and no decisions have been made.
Licensing: Music
asked Her Majesty's Government:
What proportion of schools in England and Wales hold a premises licence authorising performances of live music. [HL3294]
This information is not held centrally, and to obtain it would incur disproportionate cost. Information on premises licences is held at local level by the 378 local licensing authorities in England and Wales.
Manufacturing
asked Her Majesty's Government:
What level of support for manufacturing industry has been provided to each region of the United Kingdom (a) in aggregate and (b) as a proportion of gross domestic product in each of the past 10 years. [HL3332]
There are no precise figures available on the level of support provided to each of the regions of the United Kingdom for the manufacturing industry in each of the past 10 years.
Support for manufacturing is available from a variety of sources including the Manufacturing Advisory Service, R&D Tax Credit, Business Link, the Technology Programme, Selective Finance for Investment in England (SFIE), Knowledge Transfer Partnerships and Industry Forums.
The regional development agencies are responsible for developing and implementing the regional economic strategy, and they deliver a range of business support available to manufacturers including some national programmes and large capital projects such as the Advanced Manufacturing Research Centre (AMRC).
Non-native Species
asked Her Majesty's Government:
When the Non-Native Species Programme Board was formed; who are its members; and on what dates it has held meetings. [HL3405]
The proposed establishment of the GB Non-Native Species Programme Board was announced in March 2005 and the board held its first meeting on 12 September 2005. It consists of senior representatives from Defra, the Scottish Government, HM Revenue and Customs, the Environment Agency, the Welsh Assembly Government, the Department for Transport, the Joint Nature Conservation Committee, the Forestry Commission and the Central Science Laboratory.
The board has held meetings on the following dates:
12 September 2005;
19 April 2006;
19 July 2006;
25 October 2006;
6 December 2006;
21 March 2007;
10 July 2007;
21 November 2007; and
7 February 2008.
Packaging
asked Her Majesty's Government:
What mechanisms they will put in place to ensure that the Office of Fair Trading and Trading Standards actively pursue prosecutions in cases of misleading packaging; and whether they will in future put on record the number of actions taken each year against misleading packaging. [HL3337]
Enforcement policies are an operational matter for the Office of Fair Trading (OFT) and Trading Standards.
The OFT will publish on its website the outcome of civil enforcement taken by the enforcement authorities to stop breaches of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). The department would use this information as part of the evidence to assess levels of consumer detriment caused by misleading packaging in its review on whether businesses should be given the power to take civil enforcement action to stop breaches of the CPRs.
Prisoners: Life Sentences
asked Her Majesty's Government:
How many life sentence and indeterminate public protection sentence prisoners were held in Leeds Prison on 23 April; and what arrangements they are making for these prisoners to have access to the courses necessary to prepare them to apply for parole. [HL3238]
On the 23 April, there were 34 life sentence prisoners and 72 indeterminate public protection sentence prisoners in custody in Leeds prison.
Leeds provides a short duration drug programme, which is focused on drug harm minimisation and is a first step of intervention which will indicate what appropriate services prisoners will need.
Following the implementation of the recommendations of a strategic review of the service and systems for lifers and IPPs, and the introduction of new streamlined case management procedures, the management of these prisoners has improved considerably. Prison staff are under instructions to prioritise indeterminate sentence prisoners with short tariffs and move them as quickly as possible to establishments where their offending behaviour needs can be addressed. Recently, movement has accelerated significantly.
In coming to a view on whether to direct the release of an offender, the Parole Board will take account of all relevant information, not just whether the offender has completed any offending behaviour programmes. It is for the offender to demonstrate to the Parole Board that the risk of harm he presents has been reduced to the extent that he may be released safely to supervision in the community.
Prisoners: Mental Illness
asked Her Majesty's Government:
What arrangements they have in place to ensure that seriously mentally ill prisoners in the area covered by Lincolnshire's health authority who are not normally resident in that area are transferred from prison to a mental health unit without delay. [HL3183]
Prisoners who are assessed as severely mentally ill under Sections 47 and 48 of the Mental Health Act 1983 should be transferred to hospital as quickly as possible. The usual residence of a prisoner should not be a delaying factor in the management of these cases.
Lincolnshire Primary Care Trust is currently working with the regional offender health team of the East Midlands Care Service Improvement Partnership to organise workshops to develop best practice and new procedures in increasing the speed of transfer of prisoners who require treatment under the Mental Health Act.
Questions for Written Answer: Unanswered Questions
asked Her Majesty's Government:
On what date was each of the 25 House of Lords Questions for Written Answer that remained unanswered at the end of the last parliamentary Session tabled. [HL3506]
Information on the Questions for Written Answer that remained unanswered at the end of the last parliamentary Session is set out in the following table:
Question No Peer Date tabled HL5323 Lord James of Blackheath 1 October HL5443 Lord Tebbit 9 October HL5501 Baroness Byford 10 October HL5556 Lord Laird 12 October HL5602 Lord Bradley 16 October HL5603 Lord Stoddart of Swindon 16 October HL5635 Lord Alton of Liverpool 17 October HL5655 Lord Hunt of Chesterton 17 October HL5673 Baroness Tonge 18 October HL5674 Earl Attlee 18 October HL5695 Lord Morris of Manchester 22 October HL5715 Lord Faulkner of Worcester 23 October HL5716 Countess of Mar 23 October HL5717 Countess of Mar 23 October HL5718 Countess of Mar 23 October HL5719 Countess of Mar 23 October HL5720 Countess of Mar 23 October HL5721 Countess of Mar 23 October HL5722 Lord Laird 23 October HL5730 Lord Bradley 23 October HL5731 Lord Bradley 23 October HL5732 Lord Morris of Manchester 23 October HL5736 Lord Jones of Cheltenham 23 October HL5743 Lord James of Blackheath 24 October HL5750 Baroness Miller of Chilthorne Domer 29 October
Roads: Signs
asked Her Majesty's Government:
What steps they are taking to ensure that non-English-speaking road users can read road signs. [HL3377]
Traffic signs prescribed in the Traffic Signs Regulations and General Directions 2002, already conform to international standards set in the 1968 Vienna Convention on Road Traffic, and the subsequent 1971 European Agreement. These standards adopted a system of pictorial traffic signing, to maximise driver understanding across international boundaries.
We continue to develop pictorial signing solutions to specific problems as they arise; a recent example being a sign alerting drivers of unsuitable routes for heavy goods vehicles. Highway authorities may apply to the Department for Transport to use this non-prescribed sign where necessary.
Roads: Traffic Officers
asked Her Majesty's Government:
What data are collected by Highways Agency traffic officers attending incidents; and what use is made of such data. [HL3295]
Highways Agency traffic officers attend a wide variety of incidents on the strategic road network and the data collected at each vary depending on the nature of the incident.
The data collected by traffic officers include the time, date and location of the incident, its nature, the number and types of vehicles involved, the number of casualties, as well as information about any interventions used to restore the network to normality. For a number of pre-identified incident types the names and addresses of the drivers and the registration marks of the vehicles are also collected. The agency's policy is that all incident data are stored in a secure command and control environment and access to data is on a controlled and audited basis at all times.
The agency uses traffic officer data in a number of ways, of which the first is proactive incident management. Incident data are initially used to determine whether the incident is one which the agency will lead or hand over control to the police. The incident data are used to set network signs, distribute media travel reports, and when appropriate, to activate formalised network diversion routes. Incident data are also used to mobilise the correct incident responders and provide them with necessary non-personalised information to ensure they use appropriate resources to resolve the incident as effectively as possible.
Responding organisations include the emergency services, motoring organisations, recovery operators who assist stranded drivers or remove accident-damaged and broken down vehicles from the road, and other government agencies such as the Environment Agency.
Current Highways Agency policy is that personal information is passed to these organisations only if specifically required to manage the incident, with the knowledge of the persons involved where it is reasonable to do so, the only normal exceptions being those incidents involving injury or suspected criminality.
Another area where the agency uses traffic officer-generated incident data is post-incident analysis by which the agency improves its understanding of the causes and impact of incidents, and analyses the effectiveness of the interventions deployed to reduce their incidence, duration and impact. It is agency policy that all incident data used for analysis have personal data removed.
There are two further areas in which the agency commonly uses data gathered by the traffic officer service at the scene of incidents. The first is in supporting recovery of the cost of damage to the road from those responsible for an incident, as well as dealing with third party claims against the agency. The second area is the passing of information on suspected criminal offences to the police and other agencies of the Department for Transport responsible for road traffic law enforcement, and the provision of a statement or evidence when requested by the police or coroner's court. Invariably, these areas do require personalised data sets to be used. However, agency policy is in place to ensure that robust processes and procedures control the use, access and storage of this information used for these purposes.
Rural Payments Agency
asked Her Majesty's Government:
Why all payments by the Rural Payments Agency after 16 October 2008 will have to go directly into a claimant's bank account; which piece of European legislation requires this; and how many claimants do not presently have a bank account. [HL3408]
EC Regulation No 885/2006 requires all payments funded under European Agricultural Guarantee Fund (EAGF), including those under the single payment scheme, to be made directly into bank accounts from 16 October 2008. This method provides faster payment to customers and is not disrupted by postal problems. In addition, it is more secure than payable orders thus helping to prevent fraud and providing better protection for UK and EU taxpayers.
RPA is not aware how many of its claimants do not presently have a bank account but identified 39,126 potentially active claimants for whom it does not currently have bank account details. Those claimants are being asked to provide those details to the agency and I would encourage all farmers to respond as soon as possible.
Taxation: Compensation Payments
asked Her Majesty's Government:
What forms of notification they intend to employ to inform members of the public of their entitlement to the low tax rate abolition replacement compensation payments falling due in the 2008–09 tax year. [HL3269]
In his letter to the chairman of the House of Commons Treasury Committee on 23 April, the Chancellor said that a report will be published in time for the Pre-Budget Report, and that he will report back to the House in the Pre-Budget Report.
Transport: Heavy Goods Vehicles
asked Her Majesty's Government:
What guidance they give to overseas truck drivers regarding United Kingdom road traffic regulations. [HL3376]
Many road traffic regulations are common across the EU and in particular the rules on driver hours and roadworthiness standards.
The primary means of conveying the conditions of road traffic regulations to all road users is through traffic signing. Traffic signs are subject to the Traffic Signs Regulations and General Directions 2002, which are, in turn, derived from international standards set in the 1968 Vienna Convention on Road Traffic, and the subsequent 1971 European Agreement. These standards form the basis for international traffic sign design to maximise driver understanding across international boundaries.
However, the onus is on individual drivers to familiarise themselves with the road traffic law of the member state in which they are driving. And in the UK general information for motorists including the Highway Code is available on the “direct gov” website at www.direct.gov.uk/en/TravelAndTransport/Highwaycode/index.htm.
Waste Management: Brofiscin Quarry
asked Her Majesty's Government:
Where are the 34-page original witness statement and accompanying original documents connected with the investigation into Brofiscin Quarry, including originals of (a) a Freshfields memorandum dated February 1972, (b) the final report dated 12 October 1972 covering investigations at Brofiscin between March 1968 and August 1972, (c) an affidavit dated and sworn on 8 December 1972 and lodged in Cardiff Crown Court in December 1972, and (d) a copy of a letter from Dr Papageorge of Monsanto dated 8 July 1970, prepared and signed by Mr Douglas Gowan on 4 August 2006, receipt of which was acknowledged by Mr Hillier of the Environment Agency Wales. [HL3261]
I am informed by the Environment Agency Wales that the original 34-page witness statement and any accompanying original documents received by the Environment Agency from Mr Gowan were returned to him on the 13 December 2007.
asked Her Majesty's Government:
Which original documents were returned to Mr Douglas Gowan by Brabners Chaffe Street on 13 December 2007, as stated by the Environment Agency Wales. [HL3262]
I am informed by the Environment Agency Wales that all original documents received by the Environment Agency from Mr Gowan have been returned to him.
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 10 March (WA 217), whether any copies of original documentation supplied by Mr Douglas Gowan were seen by Lovells. [HL3263]
I am informed by the Environment Agency Wales that the Environment Agency has provided Lovells with all relevant information required to carry out its instructions.
asked Her Majesty's Government:
Further to the Written Answers by Lord Rooker on 11 December 2007 (WA 49), 27 March (WA 124), 31 March (WA 141–2), 2 April (WA 183–4 and 186–8) and 22 April (WA 295) and by Baroness Morgan of Drefelin on 17 December 2007 (WA 109), upon what basis the Environment Agency or the Environment Agency Wales could pursue Monsanto for the costs of remediation of Brofiscin Quarry and other landfill sites in the United Kingdom. [HL3264]
I am informed by the Environment Agency Wales that when looking at securing remediation or recovering the cost of remediation at Brofiscin Quarry from any appropriate persons it has identified, the Environment Agency will have regard to the principles and approaches for cost recovery that are set out in Chapter E of the Welsh Assembly Government's Part 2A Statutory Guidance on Contaminated Land (2006).
Young Offenders
asked Her Majesty's Government:
What reviews are being carried out by the Youth Justice Board into the strip searching of juveniles in custody. [HL3237]
The Youth Justice Board plans to review practices surrounding full searches and is currently scoping the review, which is likely to include all secure establishments accommodating young people under 18 and contractors escorting them to and from court.