asked Her Majesty's Government:

Whether any official or Minister in the Home Office has offered written or oral advice to any executive of the company Phorm as to the legality of their targeted advertising software product; if so, what was the advice; in what circumstances was it given; and what was the justification for giving it. [HL3268]

The Home Office was asked by a number of parties, including Phorm's legal representative, for a view on the compatibility of targeted advertising services with the Regulation of Investigatory Powers Act 2000. It provided a guidance note for those parties.

The note is not, nor was it intended to be taken as, a definitive statement or interpretation of the law, which only a court can give. Nor was it intended for publication. However, a copy of that note has been published at http://cryptome.org/ho-phorm.pdf.

Working to protect the public, the Home Office is keen to help industry understand its legislative responsibilities, and to work with business in order to achieve a workable balance between commercial interests and public safety. In this way potential legal obligations can be taken into account in the conception of new products and services.

asked Her Majesty's Government:

Whether, in the light of the fuel costs of incinerating dead sheep and the Spongiform Encephalopathy Advisory Committee report that the likelihood of BSE in sheep is near zero, they will press the European Union to consider the findings of the Scientific Steering Committee meeting of 16 January 2003 with a view to obtaining a derogation to enable fallen sheep to be disposed of by burial under site licence. [HL3656]

No. Although the Spongiform Encephalopathy Advisory Committee has concluded that the prevalence of BSE infection in the UK sheep population is most likely to be zero or, if present, very low, the risk from scrapie and other diseases with on-farm burial remains. With regard to TSE infectivity in the environment, recent studies have suggested TSE-associated prion protein adheres to soil minerals and remains infectious, even after a number of years. Defra-funded scientific research investigating the persistence of TSE infectivity in the environment is ongoing and details can be found on the Defra website.

asked Her Majesty's Government:

Whether the guidance currently given to the police on the investigation of alleged homophobic offences under the Public Order Act 1986 is satisfactory. [HL3475]

Advice to police officers in combating hate crime is contained within the ACPO hate-crime manual, which was last published in 2005.

The Public Order Act 1986 does not contain specific homophobic aggravated offences although the Crime and Disorder Act 1999 does provide specific offences relating to some public order offences which are racially or religiously aggravated.

In October 2006 the then Attorney-General Lord Goldsmith launched the Race for Justice programme, which is led by the current Attorney-General, Baroness Scotland. This programme will improve the way we investigate and prosecute hate crime across the criminal justice system. Part of the activity is the revision of the Association of Chief Police Officers hate-crime manual, which is being led by the Association of Chief Police Officers hate-crime portfolio holder, Assistant Chief Constable Harris from the Police Service of Northern Ireland. The revised guidance is due to be published towards the end of this financial year.

asked Her Majesty's Government:

Whether they will discuss with the Metropolitan Police delays in the investigation of the late reporting of financial contributions in connection with the election for the deputy leadership of the Labour Party; and [HL3421]

What has been the cost to date of the Metropolitan Police investigation of the late reporting of financial contributions in connection with the election for the deputy leadership of the Labour Party. [HL3422]

This is an operational matter for the Metropolitan Police.

asked Her Majesty's Government:

What is their current estimate of the total revenue from North Sea oil; and what is their estimate of the division of that revenue between Scotland and England. [HL3625]

Total revenues received over the lifetime of the North Sea can be obtained from HM Revenue and Customs corporate tax statistics table 11.11, which is published on the HMRC website at www.hmrc.gov.uk/stats/corporate_tax/table11-11.pdf.

The March 2008 Budget forecast for total tax revenues from North Sea oil and gas production in 2008-09 stands at £9.9 billion.

Concerning the division of that revenue between Scotland and England I refer my noble friend to my Answer to his Question of 11 December 2007 (Official Report, col. WA 28).

asked the Leader of the House:

Further to the Written Answers by Lord Malloch-Brown on 10 March (WA 200), 12 March (WA 231) and 6 May (WA 49-50), whether she will propose to the House that the sub-committees considering European Union matters be substantially reduced in number, or discontinued altogether. [HL3654]

As with all other Select Committees, the number of sub-committees of the European Union Select Committee is a matter for the House, and not Her Majesty's Government. The Government welcome and value the serious scrutiny of EU legislative proposals currently carried out by the Select Committee.

asked Her Majesty's Government:

Further to the Written Statement by Lord Davies of Oldham on 3 April (WS 123-25), which countries outside the European Union have come into the framework of the European Union savings directive; on what dates such agreements were reached; and with which countries the European Commission is in discussions with a view to bringing them into the framework of the directive. [HL3529]

The following countries and territories outside the European Union participate in the framework of the savings directive under agreements signed in 2005 when the directive came into operation: Andorra, Monaco, Liechtenstein, San Marino, Switzerland, Jersey, Guernsey, Isle of Man, Anguilla, British Virgin Islands, Cayman Islands, Turks and Caicos Islands, Montserrat, Aruba and Netherlands Antilles. In October 2006 the Council of Ministers asked the Commission to open exploratory discussions with Hong Kong, Singapore and Macao as a first step in extending the framework to other important financial centres. Informal discussions have taken place with a number of other countries.

asked Her Majesty's Government:

Why Article 12 (obstruction of officers) of the Sea Fishing (Prohibition on the Removal of Shark Fins) Order 2007 (SI 2007/2554) does not include provision for a term of imprisonment; and whether obstruction of government agents on land is a more serious offence than obstruction at sea or on land in relation to sea-going matters. [HL3526]

According to Article 73(3) of the United Nations Convention on the Law of the Sea (UNCLOS):

“Coastal State penalties for violations of fisheries laws and regulations in the Exclusive Economic Zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of Corporal Punishment”.

The penalties in the shark-finning order derive from the Sea Fish (Conservation) Act 1967, and these do not include imprisonment in line with UNCLOS.

Obstruction of British sea-fishery officers at sea or on land is treated very seriously. Where this amounts to assault or compromises safety at sea, offences will be prosecuted under the appropriate legislation.

asked Her Majesty's Government:

Whether they will make representations to the retail industry to ensure that front-of-shop displays of food and confectionery contain less junk food and food harmful to children. [HL3614]

The Government are working with industry leaders and other relevant stakeholders on a healthy food code of good practice, as set out in Healthy Weight, Healthy Lives: A Cross-government Strategy for England, published in January 2008. Copies of the strategy are available in the Library. The healthy food code of good practice makes clear that the Government will continue to work with industry on all areas of food promotion—including point of sale—to reduce children's exposure to promotion of foods high in fat, salt and sugar, and increase their exposure to the promotion of healthier options.

asked Her Majesty's Government:

What sales of gold from the government reserves have been made since the beginning of 2005; and in respect of each sale, what was (a) the date, (b) the quantity, (c) the price in United States dollars, and (d) the proceeds in sterling; and [HL3533]

What was the total tonnage of United Kingdom gold reserves in May 1997; and what is the figure today. [HL3534]

Total tonnage of United Kingdom gold reserves in May 1997 was 715 tonnes. As at end March 2008 UK gold reserves stood at 310 tonnes.

Monthly data on the physical stock of gold and its current value since 2005 are available on the Bank of England website at www.bankofengland.co.uk/statistics/reserves/index.htm.

The Government have not conducted an official gold sales programme since 2002. However, the physical stock of gold has changed reflecting a large number of small transactions, including sales of small amounts of gold sovereigns by the Royal Mint; and transaction costs incurred in gold lending and swaps.

asked Her Majesty's Government:

Whether the conclusions of the 2005 consultation on the “reimbursement of ‘standard’ branded generic medicines” have been taken into consideration during the current negotiations to agree a new pharmaceutical price regulation scheme; and [HL3577]

When they expect to publish the details of how a new pharmaceutical price regulation scheme will operate; and [HL3578]

Whether current negotiations on a new pharmaceutical price regulation scheme will take account of savings made to the National Health Service by pharmaceutical companies over and above those required in the 2005 pharmaceutical price regulation scheme; and [HL3579]

How they intend to fulfil the commitment made in the interim response to the Office of Fair Trading report on the pharmaceutical price regulation scheme of “delivering value for money” from a new pharmaceutical price regulation scheme. [HL3580]

Confidential negotiations on a successor to the current pharmaceutical price regulation scheme (PPRS) are currently taking place between the Government and the Association of the British Pharmaceutical Industry. The Government will publish details of any new voluntary scheme only after agreement has been reached.

In renegotiating the scheme, the Government are taking into account the following principles, which were set out in the interim government response to the Office of Fair Trading (OFT) market study on PPRS:

delivering value for money;

encouraging and rewarding innovation;

assisting the uptake of new medicines; and

providing stability, sustainability and predictability.

The responses to the 2005 consultation are being given careful consideration during the current negotiations, as are other issues relevant to the negotiations.

asked Her Majesty's Government:

What are their intentions as regards the nomination of new peers pending reform of the House of Lords. [HL3372]

I refer the noble and learned Lord to the Government's responses to the Public Administration Select Committee reports on Propriety and Honours: Interim Findings (fourth report of Session 2005-06) and Propriety and Peerages (second report of Session 2007-08). Copies of the responses (Cm 7374) have been laid before Parliament.

asked Her Majesty's Government:

Further to the Written Answer by Lord West of Spithead on 12 May (HL3321), whether it conforms with their policy for certain failed asylum seekers to be kept in immigration detention for more than one year while the Home Office obtains emergency travel documents for them. [HL3564]

Whilst there is no fixed time-limit on detention under Immigration Act powers, the UK Border Agency is keen to ensure that detention lasts for no longer than is necessary.

Individuals are detained only for as long as is reasonably necessary to achieve the purpose for which detention was authorised. What constitutes a reasonable length of detention will vary from case to case depending on the particular circumstances of each case. The actions of detained individuals, including failure to co-operate with redocumentation, may sometimes prolong their detention.

Detention is reviewed on a regular basis, at successively higher levels within the UK Border Agency, to ensure that persons remain in detention only for as long as it continues to be justified.

asked Her Majesty's Government:

Why the applications of Shabir Karim (K257700) and Shamira Karim (K1194365) for indefinite leave to remain in the United Kingdom, filed in November 2004, have yet to be resolved. [HL3364]

It is the policy of the Border and Immigration Agency not to comment publicly on individual cases.

asked Her Majesty's Government:

What rules exist for the procurement of local authority leisure facilities; and who sets those rules. [HL3571]

Subject to their legal duties, including the duty of best value and public procurement law, local authorities are responsible for taking their own procurement decisions. The DCMS has not issued guidance to local authorities which opt to use a leisure trust model for the management of local leisure facilities. However, every local authority is under a statutory duty to establish an adequate and effective system of financial management and arrangements for the management of risk. The authority's chief finance officer also has duties to report to the council on proposed decisions or actions that would be unlawful or likely to cause a loss.

The duty of best value, as laid down in legislation, requires authorities to make arrangements to secure continuous improvement in the way in which they exercise their functions, having regard to a combination of economy, efficiency and effectiveness. It is for them to decide, in the first place, whether the duty of best value can only be met by conducting a tendering exercise. Following the recent consultation exercise, current best-value guidance set out in ODPM Circular 03/2003 will be replaced by the new Creating Strong, Safe and Prosperous Communities guidance. The draft consultation guidance made clear that local authorities should adopt practices that are fair and open—that is, neutral between different types of providers—and should ensure that any procurement decision, including retaining services in-house, is undertaken and justified in an open and transparent way. Any specific complaints that best value is not being met in a particular set of circumstances would need to be addressed in the first instance to the authority's external auditor.

asked Her Majesty's Government:

Why leisure and culture has been removed from the comprehensive performance assessment of local authorities. [HL3574]

The overall framework for the 2008 comprehensive performance assessment for local authorities remains unchanged from last year. This includes the culture service assessment.

asked Her Majesty's Government:

Whether the national evaluation process to measure the effectiveness of the National Health Service health trainers initiative has been set up; and, if so, what have been its findings to date. [HL3636]

A data-collection monitoring system is already available to all National Health Service primary care trusts (PCTs) running health trainer programmes. We plan to commission a new study later in the year which will explore the different models of the health trainer initiative and how these models will support behaviour change. There are local evaluations by PCTs already in place.

asked Her Majesty's Government:

What steps they have taken to measure the performance of the National Health Service health trainers initiative. [HL3637]

The health trainers data-collection system began a national rollout programme from January 2008. The system is for all primary care trusts (PCTs) and collects essential data about the health trainer service. There is a performance aspect included in the system. PCTs responsible for the delivery of health trainer programmes are encouraged to use this system.

We plan to commission a study later in the year which will explore the different models of the health trainer initiative and how these models will support behaviour change.

asked Her Majesty's Government:

What assessment they have made of the numbers of qualified health trainers working in different primary care trust areas. [HL3638]

There are 1,282 qualified health trainers (individuals not whole-time equivalents) employed, funded, or supported by the National Health Service in primary care trust (PCT) areas. A table showing the distribution between PCTs has been placed in the Library.

asked Her Majesty's Government:

In Northern Ireland whether all the former paramilitary weapons now in their possession have been examined for DNA. [HL3397]

I can confirm that the Government are not in possession of any former paramilitary weapons.

asked Her Majesty's Government:

How many murders of police officers in Northern Ireland since 1970 are currently being reinvestigated by the Police Service of Northern Ireland. [HL3203]

At present the deaths of 80 officers are being re-examined by the historical inquiries team. The re-examination of a further 14 has been completed.

asked Her Majesty's Government:

Further to the Written Answer by Lord Rooker on 22 April (WA 285-86) concerning the murders of Ulster Defence Regiment and Royal Irish Regiment members, in what way the murders are recorded. [HL3234]

For the relevant period (1970-98) the Public Prosecution Service electronic case management system, which in any event only holds records from 1992 onwards, does not contain information as to whether the victim was a member of the UDR or RIR. Murder investigation files submitted by police to the Director of Public Prosecutions were recorded in the name of the victim and persons reported for possible prosecution.

asked Her Majesty's Government:

How many members of the police force were murdered in London over the past 10 years; and in how many cases there were convictions. [HL3445]

Available Home Office data are from the homicide index and relate to offences recorded as homicide by the Metropolitan and City of London police forces where the victim had the occupation “police officer”. As at 12 November 2007, when recording closed down for the purpose of analysis, one such homicide had been recorded between 1997-98 and 2006-07. The suspect was convicted of Section 2 manslaughter (diminished responsibility).

asked Her Majesty's Government:

What proposals there are to restructure the police service in County Armagh and reduce the number of police stations; whether any decisions have been taken and by whom; whether a consultation period was involved and who was consulted; and what is the timetable for such restructuring. [HL3357]

The chief constable has provided the following Answer.

The PSNI is currently carrying out a review of its estate strategy which includes County Armagh. County Armagh covers Armagh and part of Newry and Mourne PSNI Area Command Units in E district. The review will consider potential station closures.

It is anticipated that in the future there may be changes to the police estate within the district and proposals will be considered in consultation with the local district policing partnerships and elected representatives, ahead of a public consultation process. No decisions have been taken in relation to the closure of any station.

asked Her Majesty's Government:

Which areas of current public expenditure in Scotland are not covered by the Barnett formula. [HL3643]

The areas of current public spending in Scotland which are not covered by the Barnett formula are spending which is reserved to the UK Government under the Scotland Act and devolved AME spending. Further details are set out in the Statement of Funding Policy published by the Treasury in October 2007.

asked Her Majesty's Government:

What has been the total current public expenditure in Scotland in the past year; and what is the division between expenditure covered by the Barnett formula and that not covered. [HL3644]

Total identifiable public spending in Scotland in 2007-08 was published in table 9.1 of Public Expenditure Statistical Analyses 2008 in April (HC 489). The Barnett formula determines changes in DEL spending; Scotland DEL spending in 2007-08 is published in table 1.12 of the same publication.

asked Her Majesty's Government:

What is the most recent guidance that has been issued to civil servants by the Cabinet Office on the drafting of Answers to Questions for Written Answer in the House of Lords. [HL3513]

Cabinet Office guidance for civil servants on drafting Answers to Parliamentary Questions was published in February 2005. A copy of the guidance is in the Library of the House. It can also be found on the Cabinet Office website at www.cabinetoffice.gov.uk/propriety_and_ethics/civil_service/pq_quidance.aspx.

asked Her Majesty's Government:

What is the most recent guidance that has been issued to civil servants by the Department for Children, Schools and Families on the drafting of Answers to Questions for Written Answer in the House of Lords. [HL3514]

Cabinet Office guidance for civil servants on drafting Answers to Parliamentary Questions was published in February 2005. A copy of the guidance is in the Library of the House. It can also be found on the Cabinet Office website at www.cabinetoffice.gov.uk/propriety_and_ethics/civil_service/pq_quidance.aspx.

asked Her Majesty's Government:

What is the most recent guidance that has been issued to civil servants by the Department for Innovation, Universities and Skills on the drafting of Answers to Questions for Written Answer in the House of Lords. [HL3550]

Cabinet Office guidance for civil servants on drafting Answers to Parliamentary Questions was published in February 2005. A copy of the guidance is in the Library of the House. It can also be found on the Cabinet Office website at www.cabinetoffice.gov.uk/propriety_and_ethics/civil_service/pq_quidance.aspx.

asked Her Majesty's Government:

What is the most recent guidance that has been issued to civil servants by the Northern Ireland Office on the drafting of Answers to Questions for Written Answer in the House of Lords. [HL3599]

Cabinet Office guidance for civil servants on drafting Answers to Parliamentary Questions was published in February 2005. A copy of the guidance is in the Library of the House. It can also be found on the Cabinet Office website at www.cabinetoffice.gov.uk/propriety_and_ethics/civil_service/pq_guidance.aspx.

Internal guidance on the drafting of Answers is issued at regular intervals and is also available on the staff intranet.

asked Her Majesty's Government:

What is the most recent guidance that has been issued to civil servants by Her Majesty's Treasury on the drafting of Answers to Questions for Written Answer in the House of Lords. [HL3602]

The Treasury's intranet site contains guidance which was issued in January 2007. Additionally, officials' attention is drawn to the guidance promulgated in February 2005 by the Cabinet Office on drafting Answers to Parliamentary Questions and they are also asked to submit draft replies which will enable the Minister to answer within the timeframe set by the House.

asked Her Majesty's Government:

In respect of the rail franchise change of control policy statement issued on 28 March (a) which organisations were consulted on the proposals; (b) on what basis the administration fee will be assessed and charged; (c) what is the legal basis for the proposed charge of the greater of £1 million or 5 per cent of the value of the change to the vendor; and (d) what is the purpose of levying that charge. [HL3551]

(a) This statement provides information about the Secretary of State for Transport’s planned approach to exercising her existing powers under franchise agreements. The Department for Transport did not seek the views of any organisation on this contractual matter.

(b) The administration fee (which is separate from the facilitation fee) will represent the costs of processing the application for consent to the change of control. This will vary from case to case.

(c) Under the franchise agreements between the Secretary of State and train operating companies, the Secretary of State's power to grant or refuse permission for a change of control is essentially unfettered. Therefore, as a matter of private law rights and by reason of the statutory duties imposed on the Secretary of State, including the duty to promote improvements in railway service performance, the Secretary of State, acting in the public interest, is entitled to require a payment in return for her consent.

(d) The purpose of the facilitation fee is to allow the public to benefit from a change of control. The value of franchises is often a product of substantial public subsidy or investment. It is therefore reasonable that the Secretary of State should have the opportunity to ensure that passengers and the public purse receive some benefit when franchises change hands.

asked Her Majesty's Government:

How many complaints of harassment or serious harm have been made by persons leaving the Muslim faith or converting to other religions in recent years; and whether police are available and other administrative measures in place to protect such people and their families. [HL3390]

National data are not collected at this level of detail.

Anyone who has reason to be in fear of their safety should seek advice and support from their local police and community safety partners.

asked Her Majesty's Government:

Whether they will maintain the existing tonnage tax system for the British shipping industry. [HL3469]

The Government keep all taxes under review. There are no current plans to change the existing support provided to the shipping industry through the tonnage tax regime.

The European Commission is currently consulting member states on aspects of the guidelines for state aids to maritime transport, which cover tonnage tax regimes.

Once the outcome of the consultation is known, the Government will consider what changes, if any, are required to UK tonnage tax in the light of any revisions to the guidelines.

asked Her Majesty's Government:

Whether they will ensure that stateless people and those living in internationally unrecognised entities are fully considered when applying for scholarships, other educational visits and visas to the United Kingdom. [HL3479]

Stateless people living overseas and those living in internationally unrecognised entities are able to apply for visas for entry to the United Kingdom, for the purposes of study, without restriction.

The Government support a number of scholarship schemes which are available to international students coming to the UK to study. The criteria which apply vary according to the scheme. Some schemes are open to particular countries or regions of the world. For example, the Commonwealth Scholarship scheme is available to citizens of Commonwealth countries and the Marshall Scheme relates to United States citizens. Through the Foreign and Commonwealth Office the Government fund the Chevening Scholarship and Fellowship Scheme, which is open to students from around the world, but they must be nationals of a country other than the United Kingdom. Higher education institutions are also free to offer scholarships to international students and, as autonomous institutions, are responsible for determining the criteria for allocating such awards.

asked Her Majesty's Government:

How many taxpayers have gained from (a) the removal of the 10p tax band; and (b) the reduction of the base rate to 20p; and [HL3499]

How many single men and women are affected by the removal of the 10p tax band; and how much extra is expected to be paid on average by such persons; and [HL3500]

For how long single men and women will remain in the income band affected by the removal of the 10p tax band. [HL3501]

The removal of the 10p tax rate was part of a package of reforms announced in Budget 2007. The exact effect of the reforms will depend both on individual incomes, and on the circumstances of the household in which people live—for example, whether they have children, and their age.

In 2008-09 all 31 million taxpayers are affected by the removal of the 10p rate of income tax. Some 28 million of these taxpayers stand to gain from the cut in the basic rate of income tax to 20p.

The Chancellor announced on 13 May an increase in the individual personal tax allowance by £600 to £6,035 for this financial year, benefiting all basic-rate taxpayers under 65 and removing 600,000 low-income individuals from tax. Around 22 million basic-rate taxpayers will gain an additional £120 this year, fully compensating 80 per cent of households that lose from the Budget 2007 reforms, with the remainder seeing their loss at least halved.

The Government will set out their plans for future years in the 2008 Pre-Budget Report.

asked Her Majesty's Government:

When the annual gift level of £250 per donee for inheritance tax was first set; and at what level it would now be if it had been uprated in line with inflation. [HL3530]

The exemption from inheritance tax of gifts of up to £250 to any one person was set at this amount at 6 April 1980. If this figure had been uprated in line with the retail prices index it would currently stand at £900.

asked Her Majesty's Government:

Further to the Written Answer by Lord McKenzie of Luton on 2 August 2005 (WA 87-88), whether they will publish in the same form the top rate of direct tax on personal incomes in the United Kingdom for each year from 1975-76 to 2008-09. [HL3532]

An updated version of the table given in my reply to the noble Lord of 2 August 2005 (WA 87-88) is given below:

Notes:

1. A single personal allowance was replaced with a basic personal allowance in 1990-91.

2. For 1975-76 to 1983-84, the highest rate charged includes investment income surcharge at 15 per cent, but this total rate would only apply if the taxpayer's income included investment income greater than the threshold for the highest rate of surcharge, which varied between £2,000 in 1973-74 and £7,100 in 1983-84.

3. Financial year average RPI available only up to 2007-08—therefore, equivalent data for 2008-09 are not available.

asked Her Majesty's Government:

What estimates of the price of oil have been used by the Department for Transport in drawing up rail and road policies. [HL3552]

The Department for Transport uses oil-price projections calculated by the Department for Business, Enterprise and Regulatory Reform (BERR) in its transport modelling.

asked Her Majesty's Government:

How much nitrate pollution in watercourses is caused by nitrates dissolved in falling rainwater. [HL3575]

A project investigating the significance of different sources of nitrogen input into watercourses is currently under way and due to report in June 2008. This will include an assessment of how much nitrogen entering watercourses originates from rainwater.