Written Answers
Monday 21 July 2008
Agriculture: Vaccines
asked Her Majesty’s Government:
Why, if the European Union rules against vaccinating cattle for tuberculosis apply in practice only to the United Kingdom and the Republic of Ireland, they are not intending to apply to change those rules until there is an effective vaccine available. [HL4883]
EU legislation currently prohibits the use of bovine tuberculosis vaccines, as the use of injectable BCG vaccine for bovine tuberculosis in cattle interferes with the current tuberculin skin test. Changing such legislation requires successful negotiations with the Commission in Brussels and other member states.
The Veterinary Medicines Directorate (VMD), the UK’s national regulatory body, will be the licensing authority for the vaccine. A licence will be granted only once VMD has gathered specific information on the safety, efficacy and quality of the vaccine and is satisfied that it meets the necessary criteria. By granting a licence, it also indicates that the vaccine complies with relevant EU regulations for veterinary medicines. It will also consider the role of the current tuberculin diagnostic test alongside the vaccine. This will facilitate the formal negotiation for inclusion of cattle vaccine use in EU legislation.
Prior to the licensed vaccine being available, the Government will engage in discussions with the Commission and other member states to facilitate the formal negotiation process.
Armed Forces: Pensions
asked Her Majesty's Government:
Whether they will place in the Library of the House the letters sent by the Royal British Legion to Sir Robert Carnwath and by the National Gulf Veterans and Families Association to Lord Morris of Manchester, copies of which were sent to Ministers in the Ministry of Justice, about the meeting held by Sir Robert with people from some ex-service organisations to discuss the future of the Pensions Appeal Tribunal on 20 June; and whether they will copy the letters to all of the ex-service organisations, members of which were at the meeting.[HL4837]
We will write to the Royal British Legion, the National Gulf Veterans and Families Association, Lord Morris of Manchester and representatives from the other service organisations who attended the meeting on 20 June with the Senior President of Tribunals, Sir Robert Carnwath, and ask if they are content for us to lay copies of their letters in the Library of the House. Once they have responded, I will advise the House.
Bovine Tuberculosis
asked Her Majesty’s Government:
Further to the replies by Lord Rooker on 7 July (Official Report, cols 575-6), why, if the Continent does not have bovine tuberculosis, the European Union decided that the milk of reactors could not be used; and [HL4858]
Further to the replies by Lord Rooker on 7 July (Official Report, cols 575-6), how, if the Continent does not have bovine tuberculosis, the European Union became involved in making decisions relating to that disease. [HL4859]
Bovine tuberculosis (TB) can be transmitted to humans, and, not least because milk and dairy products are traded internationally, the European Union clearly has an interest in ensuring that the risks of disease transmission are minimised. Food hygiene regulations in England provide for the execution and enforcement of certain Community instruments laying down specific hygiene rules for food of animal origin. Similarly, the European Union has responsibility to reduce the risk of disease spread that could be caused by the intra-Community trade in live cattle.
British Citizenship
asked Her Majesty's Government:
For which courses and qualifications they have approved or accredited the Citizenship Training School in Leyton. [HL4549]
Although it maintains a register of education and training providers, the Government do not accredit private schools and colleges for the provision of particular courses or qualifications. The register is intended for colleges which wish to recruit students from overseas and whose main purpose in the UK is to study. The Citizenship Training School in Leyton does not appear on the register.
The Qualifications and Curriculum Authority (QCA) and the Office of the Qualifications and Examinations Regulator are responsible for accrediting and reviewing qualifications. The QCA also oversees the work of the awarding bodies which are responsible for developing, assessing and quality-assuring qualifications. For a college to be recognised as an assessment centre, it will need to satisfy the awarding body's criteria on the quality and security of its assessment regimes.
British-Irish Intergovernmental Conference
asked Her Majesty’s Government:
Further to the Written Answer by Lord Rooker on 14 July (WA 106), what is meant by “mutual interest”; and who takes the decision whether an issue is of “mutual interest”. [HL5010]
There continue to be many areas of mutual interest for the British-Irish Intergovernmental Secretariat and which the British and Irish Governments discuss within the framework of the conference. Examples of these include co-operation on security and criminal justice matters, equality and human rights issues and north/south and east/west matters. Areas where bilateral co-operation occur are discussed and jointly agreed by both Governments.
Civil Service: Administrative Posts
asked Her Majesty's Government:
What is the annual employers’ cost of each grade used to decide whether to create administrative posts or take on new administrative staff in (a) the Northern Ireland Office, and (b) the Home Civil Service; how these figures are calculated; what amount is used for the employer's cost of superannuation; and how it is calculated. [HL4558]
I have attached a table which details the average cost of (a) Northern Ireland civil servants and (b) Home civil servants who perform administrative roles across the Northern Ireland Office.
When business units create additional posts, cost is only one consideration and a business case must be put forward to Financial Services Division to justify the need for the expenditure.
The figures provided in the following tables are based on the average salary of the number of staff in post at April 2008. They take into account employers' national insurance, employers' pension contributions and any allowances paid using 2007/08 national insurance and superannuation rules.
Superannuation costs are calculated as a percentage of salary and I have included a further table which details accruing superannuation liability charges (ASLCs).
Grade Northern Ireland Civil Servant Home Civil Servant Grade A £59,914 £62,127 Grade B1 £42,210 £46,767 Grade B2 £34,041 £36,051 Grade C £26,517 £30,086 Grade D1 £19,491 £22,766 Grade D2 £ 6,612 £19,796
Salary Band Annual Pensionable Salary 2007/08 Employers' ASLC Charge £ pa % of salary 1 Up to 19,999 16.5 2 20,000 to 40,699 17.5 3 40,700 to 87,799 21.5 4 87,800 and over 23.5
Common Agricultural Policy: Single Farm Payment
asked Her Majesty’s Government:
How many farmers in Essex receive single farm payments; and what proportion this represents of the total number of farmers in the county. [HL4978]
Detailed analysis of all the payments made under the single payment scheme (SPS) is not yet available. Once the remaining scheme payments have been completed, a decision will be taken on the level of detail that will be published.
Copyright
asked Her Majesty’s Government:
Whether they intend to implement any proposals of the European Commission to extend the term of copyright protection for sound recording performers from 50 to 95 years. [HL4749]
At the time of writing, the Government have not yet had a chance to study in detail the proposal in its final published form. Decisions on implementation will have to await the outcome of discussions at European level.
asked Her Majesty’s Government:
What discussions have they held with the European Commission on extending the term of copyright protection for sound recording performers since the proposals announced by Commissioner McCreevy on 14 February. [HL4750]
Since the 14 February announcement, government representatives have held a number of meetings and discussions with staff from the European Commission on this subject.
asked Her Majesty’s Government:
What discussions have been held between the Department for Culture, Media and Sport and the Department for Innovation, Universities and Skills on extending the term of copyright protection for sound recording performers since the proposals announced by Commissioner McCreevy on 14 February. [HL4751]
There have been regular discussions between the two departments on this issue.
asked Her Majesty’s Government:
How many people within the United Kingdom who currently receive royalties for sound recording performance will no longer receive royalties in the next 10 years as a result of the 50-year rule for copyright protection; and how this compares to the number of people no longer receiving royalties for the previous 10 years. [HL4752]
The Government do not hold such data.
Crime: Burglary
asked Her Majesty’s Government:
How many burglaries there were in Northern Ireland in each of the last three years; how many successful convictions there were; how many of those convicted were sentenced to imprisonment; and for what average custodial sentence. [HL4957]
I refer the noble Lord to the Answer given on 15 July 2008 (Official Report, col. WA 143).
Disabled People: Communication Aids
asked Her Majesty's Government:
What consideration they have given to the recommendations in SCOPE's recent report, No Voice, No Choice: disabled people's experiences of accessing communication aids; and what action they are taking to address the recommendations. [HL4427]
The Government are aware of the challenges facing the provision of communication aids and recognise the importance and differences these services can make to an individual’s life. The Department of Health has considered the experiences set out in the SCOPE report No Voice, No Choice, and officials have met SCOPE to discuss these issues.
The department has designed a radical new retail model for the delivery of community equipment, which includes communication aids, in England. This model places service users and carers at its heart. It is, though, for local National Health Service organisations and social services to decide how resources such as community equipment should be allocated and to commission appropriate services, taking account of local circumstances and priorities.
Disabled People: Leonard Cheshire Report
asked Her Majesty's Government:
What consideration they have given to the findings of Leonard Cheshire Disability's report, Up Close and Personal; and whether they will be taking any action further to its conclusion. [HL4708]
We are studying Leonard Cheshire Disability's report and considering the policy implications of its findings. Much work is already progressing across government to tackle the barriers to independent living and enable disabled people to lead more active social lives. This includes our independent living strategy and individual budgets. These build on improvements we made to the Disability Discrimination Act 1995, which now requires service providers to make reasonable adjustments to improve access to their services.
Disabled People: UN Convention
asked Her Majesty's Government:
Following the decision of the House of Lords in London Borough of Lewisham v Malcolm, whether they will introduce legislation to enable the United Kingdom to ratify the United Nations Convention on the Rights of Persons with Disabilities. [HL4649]
We are giving careful consideration to the implications of the recent decision of the House of Lords in the case of Lewisham v Malcolm. However, we do not consider that the decision should affect the UK's ability to ratify the UN convention.
Equality Commission: Northern Ireland
asked Her Majesty's Government:
What was meant by the conclusion “the rights dimension of the Agreement needs to be taken seriously, to ensure a common foundation of basic rights in Ireland and Northern Ireland” in chapter 12 of the Equality Commission for Northern Ireland report, Equivalence in Promoting Equality. [HL4372]
I refer the noble Lord to the Answer given to him on 6 March 2008, Official Report, col. WA 192.
EU: Lisbon Treaty
asked Her Majesty's Government:
What costs they have incurred to date as a result of the judicial review brought by Mr Stuart Wheeler over the Lisbon treaty. [HL4672]
As with all litigation, costs will depend on a number of factors including the length of the case. The Government always ensure that they are represented at the appropriate level and secure an hourly rate which represents value for money for the taxpayer.
The judgment of the Divisional Court handed down on 25 June comprehensively dismissed Mr Wheeler's claim as being without merit. Costs were awarded to the Government against Mr Wheeler by the court. Details of the costs incurred by the Government as a consequence of Mr Wheeler bringing this action are not currently available but will be reduced by the costs awarded against Mr Wheeler by the court.
European Union Committee: Letters to Ministers
asked the Leader of the House:
Further to her reply on 10 June (Official Report, House of Lords, col. 840), what action she has taken about two letters sent on 26 July 2007 by Lord Grenfell as chairman of the European Union Committee to the Minister of State, Home Office, Mr Liam Byrne, one of which was replied to after 10 months concerning an opt-in decision which expired in September 2007 and the other of which is still awaiting reply, both letters having been subject to reminders for a reply. [HL4302]
Mr Byrne apologises for the delay in responding to the chairman of the European Union Select Committee and he has now responded to Lord Grenfell. The Government value the important work done by Select Committees, and I am working with ministerial colleagues to ensure that delays of this kind do not occur in the future.
Family Planning: Northern Ireland
asked Her Majesty's Government:
What steps they are taking to ensure that the Northern Ireland Assembly adheres to Article 12 of the United Nations Convention on the elimination of all forms of discrimination against women concerning access to all forms of family planning healthcare provision. [HL4263]
Monitoring the United Kingdom’s compliance (including that of the devolved Administrations) with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is carried out by the United Nations Committee on the Elimination of Discrimination Against Women. The United Kingdom reports periodically to the Committee. The most recent periodic report was submitted in May 2007 and was examined by the Committee at its session on 10 July 2008.
Firearms: Licensing Management System
asked Her Majesty's Government:
What assessment they have made of the results of the review of the efficiency of the interface between the National Firearms Licensing Management System and the Police National Computer carried out by the National Police Improvement Agency and the Association of Chief Police Officers; and [HL4689]
What assessment has been made of the efficiency of the interface between the Firearms Licensing Management System and the Police National Computer following a review by the National Police Improvements Agency and the Association of Chief Police Officers. [HL4757]
I refer the noble Lord to the reply I gave him on 17 March 2008, Official Report, col. WA6.
While the review is under way and progressing well, it is too early to say exactly when this will be completed.
Food: Pork and Bacon
asked Her Majesty’s Government:
What action the Department for Work and Pensions is taking to implement the public sector food procurement initiative in respect of its purchasing of pork and bacon; what proportion of pork and bacon purchased is British; what attention is given to farm assurance, animal welfare, and health and nutrition; and how often purchasing policy is reviewed.[HL4827]
The department has developed its own action plan to meet the objectives of the public sector food procurement initiative (PSFPI). Sixty-five per cent of all pork procured is British and the aim is to increase this by 5 per cent over the coming year. While none of the bacon procured is British, this is currently being reviewed with the department’s supplier with the intention of procuring British bacon in the future.
The department’s supplier procures all food products, including pork and bacon, on behalf of the department and is committed to ensuring that its procurement satisfies sustainable and ethical practices. The supplier reviews its food procurement policy annually and the department undertakes monthly reviews with the supplier to track progress against the PSFPI. These reviews are used to discuss opportunities for domestic producers and the use of assurance marks, while keeping within the policy and legal framework governing public sector procurement. Advice on this is given in the guide Putting it into Practice, which is provided on the PSFPI website at: www.defra.gov.uk/farm/policy/sustain/procurement/resources.htm.
A report on the proportion of domestically produced food used by government departments and supplied to hospitals and prisons under contracts negotiated by NHS Supply Chain and HM Prison Service is available on the PSFPI website at: www.defra.gov.uk/farm/policy/sustain/procurement/pdf/govt-food-usage.pdf. Up-to-date data will become available towards the end of the year when Defra plans to publish a new report.
The department is fully aware of, and acknowledges, the BPEX (British Pig Executive) report Is the Government Buying British and has recently written to BPEX to outline its plans to increase the procurement of British pork and bacon.
asked Her Majesty’s Government:
What action the Department for Children, Schools and Families is taking to implement the public sector food procurement initiative in respect of its purchasing of pork and bacon; what proportion of pork and bacon purchased is British; what attention is given to farm assurance, animal welfare, and health and nutrition; and how often purchasing policy is reviewed. [HL4829]
The Department for Children, Schools and Families and our catering provider, Aramark, are fully aware of the public sector food procurement initiative (PSFPI) in respect of their purchasing of pork and bacon. Since its creation on 28 June 2007, 24 per cent of the department’s pork and 0 per cent of its bacon has been purchased from British sources. Measures are in place to increase these percentages and Aramark and the trade sector manager of food service for the Agriculture and Horticulture Development Board Meat Services/BPEX are currently in dialogue with one of their existing suppliers to develop a UK bacon that will be price competitive compared to imported options.
The department is constantly working in partnership with our provider to increase opportunities to address the six PSFPI objectives while keeping within the policy and legal framework governing public sector procurement. This includes design of menus that are nutritionally balanced, lower in saturated fat, salt and added sugar. In addition, menus are colour-coded, according to their nutritional/dietary content, to inform customers. All the catering suppliers have in place their own welfare and farm assurance schemes and are independently audited to ensure that they adhere to the standards and accreditations of which they are members. This includes the specific legislation that is in place for animal welfare. As a minimum, these suppliers are required to operate to BRC grade A in the UK.
The department is also aware of the recent British Pig Executive (BPEX) and National Pig Association (NPA) report, launched in the House of Lords in July 2008. Details of our pork and bacon purchased for 2006-07 are included in this. Defra plans to publish a new report with up-to-date data towards the end of the year.
Additional information regarding data on farm-assured, organic, fair trade and seasonal produce is contained within the Defra report (revised in January 2008) Proportion of Domestically Produced Food Used by Government Departments.
asked Her Majesty's Government:
What action the Ministry of Defence is taking to implement the public sector food procurement initiative in respect of its purchasing of pork and bacon; what proportion of pork and bacon purchased is British; what attention is given to farm assurance, animal welfare, and health and nutrition; and how often purchasing policy is reviewed. [HL4890]
The MoD has a permanent seat on the Government's Food Procurement Implementation Group, which is responsible for the public sector food procurement initiative and is active in supporting its work.
Under the MoD's current food supply contract, the annual pork requirement is for approximately 720 tonnes, of which 100 per cent is British and conforms to the British Pork Executive quality standard mark. Additionally, 41 tonnes of whole gammons were purchased last year which were also sourced from British pork. Currently, none of the bacon purchased is British. There is, however, an initiative in hand which may present the opportunity to purchase some of our requirements for bacon from Britain.
Information in respect of pork and bacon procured outside the MoD food supply contract, such as for contract catering/pay-as-you-dine establishments, is not held centrally and could only be provided at disproportionate cost.
All food purchased through the MoD food supply contract is subject to extensive and stringent quality standards, encompassing farm assurance, animal welfare, and health and nutrition. These meet, or exceed, all extant EC and legislative standards.
Purchasing policy is constantly reviewed, and work continues with the Meat and Livestock Commission to identify opportunities for increasing the volume of British meat while ensuring value for money, quality standards and availability.
Grid Computing
asked Her Majesty’s Government:
What is their assessment of the growth of grid computing techniques and innovations in the United Kingdom compared to that in other countries; and whether they have any proposals for further measures to expand these activities within government bodies and universities. [HL4625]
The UK has a strong grid-computing community in terms of both technology development and adoption. This community has benefited from the investments made through the e-science research programme which ran from 2001 to 2007 and was funded by the research councils and the then DTI.
Examples of adoption in the UK can be seen in numerous industries including finance, manufacturing, pharmaceutical and retail.
A national grid service (NGS) has been developed with the main support for the NGS currently provided through the Higher Education Funding Council for England (HEFCE), supported by the Joint Information Systems Committee (JISC). The Engineering and Physical Sciences Research Council (EPSRC) currently provides support to this service via JISC and has contributed 50 per cent of the costs for the two-year period 2007-09. It is also now considering the role that the NGS can have in enabling leading research groups to carry out high-quality research in the UK.
The current focus of the Technology Strategy Board- funded Grid Computing Now! Knowledge Transfer Network is on specific issues including green IT and software licensing and how these impact on the public sector in particular.
The Technology Strategy Board is also currently developing a UK technology strategy for information and communication technologies, which will cover grid computing among other technologies, methodologies and models.
Health: Biosimilars
asked Her Majesty’s Government:
What steps they are taking to ensure that, while the Parliamentary Review Health Review report on the introduction of biosimilars into clinical practice outlines precautions to be fulfilled before some such preparations can be approved for clinical use in the United Kingdom, the public and the medical profession can be assured that those biosimilar preparations produced by reputable pharmaceutical companies which have been licensed by the European Medicines Agency and the Medicines and Healthcare Products Regulatory Agency can safely be prescribed. [HL4866]
Licensed biosimilar medicines will expand the number of drugs available to patients. Since the complex nature of biological medicines requires careful testing and specialised control of production, it is important that additional factors are taken fully into account when biosimilar medicines are manufactured and assessed. Special European Union regulations are in place to ensure that biosimilar manufacturers supply comprehensive data to demonstrate the quality, safety and efficacy of their product and its similarity to the original reference medicinal product.
All medicines, including biological medicines, should be prescribed by clinicians in accordance with the summary of product characteristics, which provides full information about the product, including its side effects and its use.
All new medicines carry a black triangle symbol when they are first marketed in the United Kingdom. This denotes that the product is under intensive surveillance and this period usually lasts for two years. Biosimilar products are designated black-triangle medicines and carry the black triangle symbol in the British National Formulary. All biosimilar products should also have in place at the time of licensing a full risk management plan that describes what is known about the safety of a product and describes the activities required on behalf of the company to ensure that relevant safety information is collected in the post-marketing period.
The Royal Pharmaceutical Society of Great Britain’s Professional Standards and Guidance for the Sale and Supply of Medicines provides advice to pharmacists on biosimilar medicines and states that, except in an emergency, a specifically named product should not be substituted by any other product without the approval of the patient or carer and the prescriber and, in the case of hospital drugs, the approval of the therapeutics committee, or in line with other similar locally agreed protocols.
Health: Hepatitis B
asked Her Majesty's Government:
What percentage of the prison population has received a full course of hepatitis B vaccine. [HL4874]
Offender Health commissions the Health Protection Agency (HPA) to conduct a national surveillance programme on coverage of hepatitis B vaccine within the prison estate in England & Wales. Nearly 80 per cent of all prisons voluntarily provide data to the HPA monthly. About 50 prisons (over one-third of the total estate) provided complete surveillance data monthly to the HPA in the first quarter of 2008. During that period, there were over 23,600 new receptions to the reporting prisons: 4,274 were identified as previously vaccinated against hepatitis B on reception, and a further 5,175 were vaccinated during the first month of reception. The range of coverage was between 27 and 36 per cent in this sample.
Health: Pain Relief
asked Her Majesty’s Government:
Whether the proposed new Care Quality Commission will consider the provision of services for the management of chronic pain in England. [HL4754]
Subject to the passage of the Health and Social Care Bill, the Care Quality Commission will be an independent body with powers to carry out special reviews of the provision of National Health Service care or adult social services. The Care Quality Commission will consult on and publish its programme of reviews.
Health: Star Wards
asked Her Majesty's Government:
What support they are giving to the Star Wards initiative; and whether they will be making any response to the publication Star Wards 2—The Sequel, edited by Marion Janner and Nick Page. [HL4426]
The department and the Care Services Improvement Partnership (CSIP) National Institute for Mental Health in England (NIMHE) acute programme have supported the Star Wards initiative in a number of ways. The national clinical director for mental health, Louis Appleby, provided the supporting foreword for the first Star Wards publication and launched the initiative which took place in the House of Lords Common Room. Professor Appleby also attended the Momentum event in August 2007 and gave the keynote speech in support of Star Wards. The department has provided £15,000 in 2008 to 2009 to support the costs of the Star Wards festival, where Professor Appleby is planning to provide another keynote speech.
The CSIP/NIMHE acute programme has actively promoted membership of Star Wards and its positive practice ideas via the Virtual Ward website, CSIP positive practice publications and conference presentations.
My honourable friend the Parliamentary Under-Secretary of State (Ivan Lewis) provided the supporting foreword to the publication Star Wards 2, and the CSIP/NIMHE acute programme funded the cost of the publication, provided features and the means of distributing a copy of the publication to every acute ward (with enclosed letter from a ward manager) via the CSIP Regional Development Centre acute sector lead network.
Housing: Disabled Children
asked Her Majesty’ Government:
What consideration they have given to Disabled Children and Housing, published by the Council for Disabled Children at the National Children’s Bureau; and what action they will be taking to address its conclusions and recommendations. [HL4894]
I have agreed to meet representatives from the Council for Disabled Children and its partner organisations on 12 August to discuss the report.
Immigration: Ancestry Provisions
asked Her Majesty's Government:
How many Commonwealth citizens sought leave to remain in the United Kingdom under ancestry provisions in each of the past five years; and whether such applicants will be included in the new points-based system for immigration. [HL4773]
The number of Commonwealth nationals, excluding dependants, who applied for leave to remain in the UK under the ancestry provisions were as follows:
2003—2,265;
2004—2,279;
2005—1,699;
2006—4,147; and
2007—4,731.
These data have been sourced from local management information and should therefore be considered provisional and subject to change. It is not a national statistic.
The UK ancestry route will not form part of the points-based system.
Immigration: Employment
asked Her Majesty's Government:
What representations they will make to foreign embassies in London about (a) protecting the employment rights of domestic workers coming to the United Kingdom; and (b) the binding nature of minimum wage legislation. [HL4760]
With the introduction of the points-based system, all diplomatic missions wishing to employ domestic workers in their diplomatic households will need to seek a place on the UK Border Agency sponsor register. By signing up to the sponsor register, missions will be agreeing to a number of criteria governing their employment of domestic workers. Private servants who work for foreign diplomats in the UK are protected from potential exploitation by UK law. We expect foreign diplomats to obey our laws and regulations and take seriously any alleged violation by those entitled to immunity. We would take appropriate action if any allegations of exploitation were to be brought to our attention.
Domestic workers are protected by national minimum wage legislation where their employer resides in England. However, Regulation 2(2) of the National Minimum Wage Regulations 1999 provides that if the following conditions are met:
the worker resides in the family home of the employer;
the worker is not a member of the family but is treated as such;
the worker does not make any payment in respect of accommodation or meals; and
if the work was done by a family member, it would not be treated as work,
then the national minimum wage regulations do not apply.
Immigration: Failed Asylum Seekers
asked Her Majesty's Government:
How many failed asylum seekers were returned to Zimbabwe in the past three years. [HL4641]
A total of 270 Zimbabwean asylum applicants (including dependants) were removed or departed voluntarily to Zimbabwe in 2005; 265 in 2006; and 185 in 2007. Figures include persons departing voluntarily after enforcement action had been initiated against them, persons leaving under assisted voluntary return programmes run by the International Organisation for Migration and those who it is established have left the UK without informing the immigration authorities. Figures are rounded to the nearest five and information for 2006 and 2007 is provisional.
It is not possible to say what stage in the asylum process the returnees as a whole have reached at the time of their removal, including whether their claim has failed at that point, because those departing voluntarily can do so at any stage.
We undertook to the High Court on 26 September 2006 that we would not enforce the return of asylum seekers to Zimbabwe pending the outcome of ongoing country guidance litigation. We have no current plans to enforce returns to Zimbabwe.
Further information on asylum removals from the UK is available from the Library of the House and the Home Office's Research, Development and Statistics website at: www.homeoffice.gov.uk/rds/immigration-asylum-stats.html.
asked Her Majesty's Government:
Whether they will have a moratorium on the return of failed asylum seekers to (a) Iran, (b) Sudan, and (c) Zimbabwe. [HL4643]
At present, we are not enforcing the return of non-Arab Darfuri failed asylum seekers. We also have no current plans to enforce returns to Zimbabwe. Our general position remains that we believe the right approach is to consider the protection needs of individuals on an individual basis.
Immigration: Personal Information
asked Her Majesty's Government:
Whether the United Kingdom Border Agency always discloses, when so requested by Ministers answering Parliamentary Questions, personal information about immigrants or asylum applicants; if not, why not; and under what circumstances Ministers reveal that information in their Answers.[HL4825]
The UK Border Agency will not generally, for reasons of privacy, disclose information about its applicants in response to a PQ, given that responses to PQs are recorded publicly. I will write to the noble Lord privately following his previous PQ in relation to Dr Ahmed.
Immigration: Sexuality
asked Her Majesty's Government:
For each of the years 1995, 2000, 2005 and 2007, how many people applying for asylum on the ground of fear of persecution because of their sexuality have been (a) granted asylum, (b) refused asylum but not deported, and (c) refused asylum and deported; and which countries they were from. [HL4646]
The requested information is unavailable as it is not collated centrally and could be obtained only at disproportionate cost by examination of all the individual case records.
Information on asylum is published annually and quarterly. Asylum Statistics United Kingdom 2007, and the Q2 2008 Asylum Bulletin will be available on 21 August 2008 from the Library of the House and from the Home Office Research, Development and Statistics Directorate web site at www.homeoffice.gov.uk/rds/immigration-asylum-stats.html.
Immigration: Zimbabwe
asked Her Majesty's Government:
Whether they will give refused asylum seekers from Zimbabwe exceptional leave to remain in the United Kingdom on humanitarian grounds until it is safe for them to return to Zimbabwe. [HL4651]
All asylum claims are considered on their individual merits. We will continue to consider every case carefully and when someone needs our protection we will provide it. We have no current plans to enforce the removal of failed asylum seekers back to Zimbabwe, but we will continue to help those who want to go home voluntarily.
Inquiries: Northern Ireland
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 1 July (WA 31–2) concerning the cost of inquiries in Northern Ireland, how much of the £16.75 million cost of the Billy Wright inquiry has been incurred by the family's legal team; what is the estimated final cost of the inquiry; and whether a cap will be set on the costs. [HL4847]
£652,000 has been incurred by the family's legal team. The estimated final cost of the inquiry is £28.9 million.
There are no plans to set a cap on the inquiry's overall cost, which might curtail the inquiry before it has fulfilled its terms of reference and thus waste the money already spent. However, the Secretary of State has set caps on the individual hourly fee levels for lawyers who are publicly funded to provide legal assistance for interested parties and witnesses, at the following levels:
Senior Counsel—£200;
Junior Counsel—£100; and
Solicitors—£150.
He has also set a cap of 40 hours a week that may be claimed. This may be extended to 60 hours during the oral hearings, and a two-month period before they commence, upon application to the inquiry chairman provided this is justified in all the circumstances. These limitations are enforced by means of a formal notice of determination under Section 40(4) of the Inquiries Act 2005.
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 1 July (WA 31–2) concerning the cost of inquiries in Northern Ireland, how much of the £27.39 million cost of the Rosemary Nelson inquiry has been incurred by the family's legal team; what is the estimated final cost of the inquiry; and whether a cap will be set on the costs. [HL4848]
£1.28 million has been incurred by the family's legal team. The estimated final cost of the Inquiry is £42.1 million.
There are no plans to set a cap on the inquiry's overall cost, which might curtail the inquiry before it has fulfilled its terms of reference and thus waste the money already spent. However, the Rosemary Nelson inquiry has been formally instructed to operate within the same limits on lawyers' fees and hours which the Secretary of State has imposed on the Hamill and Wright inquiries, through a funding protocol.
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 1 July (WA 31–2) concerning the cost of inquiries in Northern Ireland, how much of the £15.62 million cost of the Robert Hamill inquiry has been incurred by the family's legal team; what is the estimated final cost of the inquiry; and whether a cap will be set on the costs. [HL4849]
£1.05 million has been incurred by the family's legal team. The estimated final cost of the inquiry is £32.4 million.
There are no plans to set a cap on the inquiry's overall cost, which might curtail the inquiry before it has fulfilled its terms of reference and thus waste the money already spent. However, the Secretary of State has set caps on the individual hourly fee levels for lawyers who are publicly funded to provide legal assistance for interested parties and witnesses, at the following levels:
Senior Counsel—£200;
Leading Junior Counsel—£175;
Junior Counsel—£100; and
Solicitors—£150.
He has also set a cap of 40 hours a week that may be claimed. This may be extended to 60 hours during the oral hearings, and a two-month period before they commence, upon application to the inquiry chairman provided this is justified in all the circumstances. These limitations are enforced by means of a formal notice of determination under Section 40(4) of the Inquiries Act 2005.
Inquiries: Pat Finucane
asked Her Majesty’s Government:
What is the cost to date of the public inquiry into the death of Pat Finucane. [HL4817]
A public inquiry into the death of Pat Finucane has not been established.
Jury Service
asked Her Majesty’s Government:
Whether they will introduce legislation to remove the age limit of 70 for jury service in England and Wales. [HL4557]
The age limit on jurors, along with all policy aspects of trial by jury, is kept under regular review. We have no plans to remove the upper age limit of 70 at present.
Justice
asked Her Majesty's Government:
Further to the Written Answers by Lord Hunt of Kings Heath on 25 June (WA 253) and on 9 July (WA 87), whether the Answers to the 34 Questions on human rights will be printed in the Official Report; and, if not, why not. [HL4938]
I refer the noble Lord to my previous Answers.
Northern Ireland Office: Bonuses
asked Her Majesty's Government:
Who assesses staff bonuses for the Northern Ireland Office and on what bases; and who assesses the payments to those who are assessing the payments. [HL4781]
There are two types of bonus payments made to staff within the NIO. First, there is the special bonus scheme which is available for all staff up to assistant director level. Nominations for special bonus awards can be made by any member of staff at any stage during the year and each director is responsible for assessing those recommendations for staff within his/her directorate and approving payment, as appropriate. This is normally done on a quarterly basis.
Secondly, there is annual performance bonus scheme for staff up to grade A and another separate scheme for members of the SCS. The amount available and the basis for SCS bonuses are determined centrally by Cabinet Office. Line managers make recommendations and established pay committees determine who should receive a bonus. Each pay committee is chaired by a non-executive director and staff of a higher grade than those being assessed. The Permanent Secretary's pay is determined by the Permanent Secretaries' Remuneration Committee.
For staff up to and including grade A the amount available and basis for the annual performance bonuses is determined as part of the overall departmental pay remit approved by HM Treasury. Line managers make recommendations and an established moderating panel determines who should receive a bonus. In all cases, the staff on the moderating panels are of a higher grade to those being assessed.
Northern Ireland: Bill of Rights
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 5 February (WA 171) concerning the chairman of the Northern Ireland Bill of Rights Forum, how they knew that Mr Sidoti has experience and understanding of human rights, including international human rights instruments, particularly the European Convention on Human Rights, a track record of leadership and proven ability to establish consensus among politically and socially divergent groups; and who proposed him for the position. [HL4316]
I refer the noble Lord to the previous Answers of 2 July 2008, Official Report, col. WA 42 and 19 February 2008, Official Report, col. WA 45.
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 5 February (WA 172–3) concerning the funding of the Northern Ireland Bill of Rights Forum, whether they will place in the Library of the House the budget set for the body and the monthly reviews of expenditure. [HL4371]
The budget set for the Northern Ireland Bill of Rights Forum has been placed in the Library of the House. Monthly budget reports for the Bill of Rights Forum, from the Northern Ireland Office's Financial Services Division, have also been placed in the Library.
asked Her Majesty’s Government:
Further to the Written Answer by Lord Rooker on 1 July (WA 33) concerning the number of days worked by the chair of the Northern Ireland Bill of Rights Forum, whether the estimate calculated by the Northern Ireland Office was agreed with the chair before appointment, before work commenced, or not at all. [HL4778]
The estimated number of days’ work required of the chair of the Bill of Rights Forum was estimated and agreed by Northern Ireland Office officials before Mr Sidoti was formally appointed chair of the forum.
asked Her Majesty's Government:
Further to the Written Answers by Lord Rooker on 16 June (WA 136) and on 12 May (WA 113) concerning sponsorship paid by the Northern Ireland Office, what were the “changing resource requirements for work” which allowed payment to the Northern Ireland Bill of Rights Forum. [HL4940]
I refer the noble Lord to the Answer given on 14 July 2008 (Official Report, col. WA 119).
Northern Ireland: Equality and Parity
asked Her Majesty's Government:
During June 2008, what promises they gave to parties in Northern Ireland concerning extra funds outside the block grant to (a) Ulster Scots language and culture, and (b) Irish language and culture; and whether the proportions are in keeping with the concepts of equality and parity in the Belfast agreement of 1998. [HL4737]
The Government have agreed to provide an additional £6 million over two years to continue the Irish Language Broadcasting Fund beyond its current end date of 2009 until the end of the CSR period. The fund was one of a number of bodies set up in response to commitments made in the Belfast agreement and joint declaration to help support linguistic diversity in Northern Ireland.
asked Her Majesty's Government:
How equality and parity for the two major cultures and identities in Northern Ireland are upheld. [HL4738]
Public authorities carrying out functions in Northern Ireland are obliged, under Section 75 of the Northern Ireland Act 1998, to have due regard to the need to promote equality of opportunity between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; between men and women generally; between persons with a disability and persons without; and between persons with dependants and persons without.
In carrying out their functions relating to Northern Ireland, public authorities are also obliged to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group.
The Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission play key roles in overseeing the implementation of statutory rights protections in Northern Ireland.
asked Her Majesty's Government:
What representations they have received this year concerning extra funding for Irish culture and language in Northern Ireland; from whom; and what was the result. [HL4739]
The Government have received a range of representations from individuals, organisations and political parties on the issue of funding for Irish culture and language. The Government have agreed to provide an additional £6 million over two years to continue the Irish Language Broadcasting Fund beyond its current end date of 2009 until the end of the CSR period.
Northern Ireland: Former Paramilitary Weapons
asked Her Majesty's Government:
How they reconcile the Written Answer by Lord Rooker on 20 May (WA 180) stating that they are not in possession of any former paramilitary weapons with the statement by a senior scientist in the Belfast News Letter on 20 February 2007 that the Northern Ireland Office Forensic Service had a container-load of such weapons. [HL4270]
Forensic Science Northern Ireland (FSNI), an independent executive agency of the NIO, maintains a repository of exhibits in relation to crimes of all types. Firearms are one category of such exhibits. FSNI does not itself own the exhibits but acts as custodian of them while necessary forensic examinations are completed in relation to each individual case, at which time they are returned to the PSNI, which is the legal owner.
Northern Ireland: Murder Prosecutions
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 13 May (WA 129), who calculated the disproportionate cost threshold; and what is the hourly or daily rate of the civil servants involved. [HL3734]
The disproportionate cost threshold for Parliamentary Questions is currently £700 and is set by HM Treasury.
The officials involved in preparing the answer calculated the disproportionate cost threshold; the average daily rates of the civil servants involved are as follows:
Grade 5 £226.95 Grade A £161.06 Grade B1 £130.22 Grade B2 £91.50 Grade C £71.28
Northern Ireland: National Stadium
asked Her Majesty’s Government:
Whether any conditions are attached to funding for a national stadium for Northern Ireland; and, if so, what they are.[HL4813]
The construction of a national stadium for Northern Ireland is a transferred matter and all decisions concerning funding, and any conditions attached, are for Northern Ireland Ministers and not Her Majesty’s Government.
Pakistan: Blasphemy Laws
asked Her Majesty's Government:
What representations they have made, or intend to make, to the Government of Pakistan over the alleged misuse of blasphemy laws against Hindus and Christians in the first half of 2008. [HL4740]
The UN Human Rights Council undertook a universal periodic review on the human rights records of a number of countries including Pakistan in May. The UK participated in this dialogue and obtained a commitment from the Pakistani delegation that checks would be introduced to regulate investigations into allegations of blasphemy and apostasy. Together with our EU partners, we also recently raised our concerns over the situation of religious minorities in Pakistan. The UK supports freedom of religion and condemns instances where individuals are persecuted because of their faith or belief. Our officials in London and Islamabad meet regularly with representatives of civil society organisations to discuss concerns about the treatment of minorities in Pakistan. We will continue to raise concerns with the Government of Pakistan and encourage reform or repeal of discriminatory legislation through the National Assembly.
asked Her Majesty's Government:
What representations they have made, or intend to make, to the Government of Pakistan concerning the imprisonment and welfare of the Punjabi Christian doctor, Robin Sardar, for alleged breaches of Section 295C of the blasphemy laws relating to desecration of the Koran and insulting the Prophet Mohammed. [HL4741]
We have made no representations to the Government of Pakistan regarding Dr Robin Sardar. However, with our EU partners, we have recently raised our concerns over the situation of religious minorities in Pakistan. I refer the noble Lord to my Answer to Written Parliamentary Question [HL 4740].
Parades: Northern Ireland
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 19 June (WA 192–3) concerning income tax payments for members of the Northern Ireland Parades Commission, whether the Northern Ireland Office has inquired since it made the income tax payments whether the individuals had paid the income tax themselves; and, if so, what was the result. [HL4405]
No. This is a matter between the individuals and HMRC.
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 19 June (WA 192–3) concerning income tax payments for members of the Northern Ireland Parades Commission, whether the Northern Ireland Office paid income tax for the commissioners in addition to the amount being paid by the commissioners. [HL4406]
The Northern Ireland Office was required to make a payment to HM Revenue and Customs for settlement of the department’s liability for the NI parades commissioner’s income tax and national insurance contributions.
asked Her Majesty's Government:
Further to the Written Answer by Lord Tunnicliffe on 25 June (WA 254) concerning payments made by the Northern Ireland Parades Commission, to whom the £102,570 for mediation was paid; how the mediators were selected; after what equality process; and how the results were monitored. [HL4505]
The commission engaged individuals who were prepared to supply mediation services to the commission on an ad hoc basis. Those who indicated a willingness to do so were called to interview by a commission panel. There was no formal equality process considered. Progress is monitored through oral reports from the mediators and authorised officers, and by the Commission's assessment of the impact of the mediation on the ground.
asked Her Majesty's Government:
Further to the Written Answer by Lord Tunnicliffe on 24 June (WA 233–34) concerning the processing of invoices by the Northern Ireland Parades Commission, as noted in its annual report for 2006–07, why the figure of 81.1 per cent of invoices paid inside 30 days was used in the annual report instead of the 94.2 per cent given in the Answer. [HL4510]
The figure of 81.1 per cent, as stated in the report, relates to the entire department’s performance under the Confederation of British Industry's prompt payers code. The figure of 94.2 per cent was provided in the previous Answer as a comparator.
asked Her Majesty’s Government:
Further to the Written Answer by Lord Rooker on 7 July (WA 66) concerning the Northern Ireland Parades Commission’s payments to consultants, on what basis the consultants are paid on an approximate basis. [HL4939]
The consultants were not paid on an approximate basis; rather, the figures provided in response to the noble Lord’s Question were rounded and were therefore referred to as “approximately”. This is standard accounting practice.
asked Her Majesty’s Government:
How the chairman of the Northern Ireland Parades Commission was selected; after what process; how and when the job was advertised; who made the selection; and what qualification they had to make the selection. [HL4954]
The chairman was appointed to the Parades Commission on 1 January 2006 after an appointments process that began on 25 July 2005. The appointments process was regulated by the Office of the Commissioner for Public Appointments. In accordance with Schedule 1, paragraph 2(1), the chairman of the Parades Commission is appointed by the Secretary of State.
asked Her Majesty’s Government:
Further to the Written Answer by Lord Rooker on 14 July (WA 121), who were the individuals on whom the £1,200 was spent on hospitality by the Northern Ireland Parades Commission in 2007. [HL5011]
It would not be appropriate to provide the names of individuals.
asked Her Majesty’s Government:
Further to the Written Answer by Lord Rooker on 14 July (WA 120-21), who have been used as monitors by the Northern Ireland Parades Commission since its creation. [HL5012]
It would not be appropriate to provide the names of individual monitors.
People Trafficking: Operation Pentameter 2
asked Her Majesty's Government:
How many prosecutions they anticipate will be brought following the arrests made in Operation Pentameter II; and what are the main lessons learnt from that operation. [HL4761]
Of the 528 arrests made under Operation Pentameter II, we would anticipate that a number would be prosecuted for human trafficking or related offences. Decisions on prosecutions rest with the Crown Prosecution Service (CPS), however, and it is not for the Government to predict the outcomes of CPS deliberations.
The results of Pentameter II are currently being analysed in depth by the United Kingdom Human Trafficking Centre in order to inform future work to combat this crime.
Planning: Eco-towns
asked Her Majesty’s Government:
Further to the Written Answer by Baroness Andrews on 1 July (WA 34), why they did not include Thurrock Council and Trafford Metropolitan Borough Council on the list of areas with potential to become eco-towns. [HL4748]
Neither of the two locations mentioned met the demanding criteria for eco-towns as published by this department in the eco-towns prospectus of 23 July 2007. Summaries of the assessment of all the eco-town submissions can be found on the department website at: www.communities. gov.uk/publications/housing/Eco-townsassessment summaries.
Police: Northern Ireland
asked Her Majesty’s Government:
What is the average attendance at public meetings convened by the district policing partnerships in Northern Ireland. [HL3774]
The following table sets out the average attendance at public meetings convened by district policing partnerships (DPPs) in Northern Ireland for 2007-08. Each DPP held six public meetings. The figures for Belfast DPP represent the average attendance at 18 public meetings, as it also includes public meetings held by its four sub-groups. The figures for Limavady DPP represent the average attendance, which also includes two themed meetings on car projects attended by 300 at each meeting.
DPP Total attendance Average Antrim 114 19 Ards 82 14 Armagh 32 5 Ballymena 80 13 Ballymoney 121 20 Banbridge 125 21 Belfast DPP 613 34 Carrickfergus 34 6 Castlereagh 204 34 Coleraine 69 12 Cookstown 68 11 Craigavon 84 14 Derry 256 43 Down 152 25 Dungannon and South Tyrone 89 15 Fermanagh 35 6 Larne 90 15 Limavady 648 108 Lisburn 387 65 Magherafelt 50 8 Moyle 34 6 Newry and Mourne 235 39 Newtownabbey 70 12 North Down 225 38 Omagh* 58 - Strabane 292 49 * Due to a change in DPP manager, the figures for attendance were recorded only for one meeting.
The figures for 2007-08 show a 46 per cent increase from 2006-07 in the numbers of members of the public attending DPP meetings. With effect from 1 April 2008, a standard approach to collating information on attendance has been adopted as part of the revised DPP effectiveness framework. (These are revised figures and are not entirely the same as those originally published in the Daily Hansard)
asked Her Majesty's Government:
How many members of the Police Service of Northern Ireland are resident outside the United Kingdom. [HL4433]
The chief constable has provided the following answer:
“There are 15 members of the Police Service of Northern Ireland who are recorded as being resident outside the United Kingdom; this figure includes regular, full-time reserve and part-time officers.”
Schools: Statements of Educational Need
asked Her Majesty’s Government:
What is (a) the average cost and (b) the average length of time undertaken to prepare a statement of educational need for children in each of the 10 districts of Greater Manchester. [HL5015]
A statement of special educational needs (SEN) is prepared following a statutory assessment of the child’s needs. Information on the cost of carrying out statutory assessments is not collected centrally.
The average length of time to prepare a statement is also not collected centrally. However, the Audit Commission monitors the proportion of draft statements issued within 18 weeks of a request for statutory assessment as best value performance indicator (BVPI) 43.
The indicator values for the 10 local authorities of Greater Manchester from 2006-07 (the most recent year for which figures have been published) are given in the table below.
Local authority Percentage of draft statements issued within 18 weeks excluding statutory exceptions to the time limits (BVPI43a) Percentage of draft statements issued within 18 weeks including statutory exceptions to the time limits (BVPI43b) Bolton 100.0 72.2 Bury 100.0 100.0 Manchester City 100.0 100.0 Oldham 100.0 97.9 Rochdale 100.0 100.0 Salford 97.1 91.0 Stockport 85.4 50.4 Tameside 100.0 96.6 Trafford 92.4 75.8 Wigan 100.0 84.3
Terrorism: Artistic Projects
asked Her Majesty’s Government:
Whether public funding is given to artistic projects which celebrate terrorists in the process of committing suicide. [HL4598]
The Department for Culture, Media and Sport funds Arts Council England to invest in the arts. The Arts Council operates at arm’s length from Government, and decisions relating to which arts organisations and projects to support are entirely for it.
Arts Council England makes funding decisions based on quality and meeting its corporate objectives. The Arts Council does not discriminate on the grounds of religion, sexual orientation, race or disability, and each application is judged on its own merit.
Terrorism: Suspect U
asked Her Majesty's Government:
What was the technical error said to have caused the Ministry of Justice to give the media the address of terrorist suspect U after his release from custody on bail, in breach of an anonymity order by the Court of Appeal. [HL4711]
The bail order for terrorist suspect U was released to the media with consent from the Special Immigration Appeals Commission judge. Before releasing the bail order, administrative staff removed the personal details—namely, terrorist suspect U's name and bail address—from the electronically stored document. The software used for the document, Microsoft Word, has a facility for tracking changes made to documents. While the final document that was sent to the media was a clean copy, recipients were able to access the previously deleted information by utilising this tracked changes facility. However, despite this, the reporting restrictions issued by the judge at the same time as the bail order still applied and prevented this information being published.
The Tribunals Service has now produced guidance for staff to prevent this technical error happening again.
Vaccination and Immunisation
asked Her Majesty's Government:
How the Joint Committee on Vaccination and Immunisation (a) assess and (b) report the impact on National Health Service resources of their guidance for non-routine immunisations. [HL4723]
The role of the Joint Committee on Vaccination and Immunisation (JCVI) is to advise the United Kingdom Secretaries of State on matters relating to communicable diseases, preventable and potentially preventable through immunisation. The Department of Health for England (and equivalent departments in the devolved Administrations) communicate with the National Health Service regarding JCVI recommendations.
Visas
asked Her Majesty's Government:
How many visas were issued to citizens of the Russian Federation in each of the years 2002 to 2007; and how many have been issued in each month of 2008. [HL4728]
The total number of visas issued to citizens of the Russian Federation in each of the calendar years 2004 to 2007 are as follows (reliable data are not available for prior years):
2004—122,615;
2005—140,118;
2006—157,357; and
2007—159,720.
The total numbers of visas issued to citizens of the Russian Federation in each of the months January to June 2008 are as follows:
January 6,898;
February 10,045;
March 9,204;
April 12,374;
May 18,702; and
June 17,945.
Source: Central Reference System, 9 July 2008.
Please note these data are unpublished and should be strictly treated as provisional. The published annual entry clearance statistics do not specifically show the total number of visas issued to Russian nationals.
Workers Registration Scheme
asked Her Majesty's Government:
Whether they will allow those joining the workers registration scheme to defer paying the fee of £65 until they are earning. [HL4644]
The fee to join the workers registration scheme is £90. Regulation 8(1) of the Accession Regulations 2004 states that “an application for a registration certificate authorising an accession state worker requiring registration to work for an employer may only be made by an applicant who is working for that employer at the date of the application”. Applications should only be made by applicants who are in work and earning.