Written Answers
Tuesday 21 October 2008
Abingdon Green
asked the Chairman of Committees:
Whether he will seek the publication of a progress report from Westminster City Council on the reinstatement of Abingdon Green. [HL5648]
The Parliamentary Estates Directorate liaises frequently with Westminster City Council on the repair of the car park under Abingdon Green. The renovations required turned out to be much more extensive than originally envisaged and the council had to re-tender the work. The council expects to award a new contract imminently. The target completion date is spring 2009.
Agriculture: Bluetongue
asked Her Majesty's Government:
What is the shelf-life of the Bluetongue vaccine; and what storage conditions are necessary to ensure it may be used until the end of its shelf-life. [HL5571]
The shelf-life of the BTV8 vaccine available in the UK is 12 months.
The vaccine should be stored and transported refrigerated (2°C to 8°C), protected from light and not frozen. Once opened, contents should be used within eight hours.
Armed Forces: Insurance
asked Her Majesty's Government:
Whether they plan to remove the need for members of Her Majesty's Armed Forces to pay for insurance for their personal equipment and for their military equipment. [HL5452]
Service personnel are not compelled to take out insurance for their military kit. Kit is normally replaced free of charge. However, individuals are required to pay for any loss or damage to kit which is due to their own negligence. As a function of welfare responsibilities, therefore, commanding officers encourage individuals to take out private insurance for their military kit (as well as for their own personal effects) to cover instances where the loss or damage to kit is due to their own negligence.
Personnel are eligible to claim compensation from the MoD for loss or damage to their personal effects resulting from the exigencies of the service, or from MoD negligence.
There are no plans to change current policy.
Armed Forces: Mine-resistant Vehicles
asked Her Majesty's Government:
Whether Her Majesty's Armed Forces have experienced limitations in off-road mobility in mine-resistant vehicles deployed in Iraq as a result of size or weight. [HL5455]
With all armoured vehicles, there is inevitably a trade-off between self-protection and mobility. Commanders in Iraq have been provided with a range of vehicles with differing degrees of protection and mobility. This ensures that they are able to select the most appropriate vehicle type for any particular operational task, based on an assessment of the local threat, the terrain and the details of that task.
Armed Forces: Pensions
asked Her Majesty's Government:
What is the total cost of pensions and related costs for former military personnel in the current financial year; what it is expected to be in the next financial year; and what it was in financial year 2007–08. [HL5458]
The tables below detail the expenditure for financial years 2007-08 and the forecast costs for 2008-09 and 2009-10 of the various Armed Forces occupational pension schemes (Armed Forces pension scheme (AFPS) 1975, AFPS 2005, the Reserve Forces pension scheme, the Gurkha pension scheme) and the war pension scheme. It does not include costs associated with the Armed Forces compensation scheme.
Financial Year 1 April-31 March Expenditure Forecast Costs 2007-08 £ 3.159 billion* 2008-09 £3.232 billion 2009-10 £3.407 billion *audited unpublished accounts
Financial Year 1 April-31 March Expenditure Forecast Costs 2007-08 £1.015 billion 2008-09 £1.016 billion 2009-10 £0.992 million
Bovine Tuberculosis
asked Her Majesty's Government:
Whether, in the light of the fall in bovine tuberculosis incidence in Northern Ireland from 9.6 per cent in 2003 to 5.3 per cent in 2007, they plan (a) to introduce annual testing of all animals, and (b) to seek to lease the Northern Ireland real-time computerised cattle tracing system. [HL5505]
We have no plans to do so, although it would be possible to tighten bovine tuberculosis (TB) surveillance and control measures in cattle further in England, with such methods as annual testing and more advanced tracing methods. Such measures would have considerable associated costs and whether they would be worthwhile is as much a question for industry as for government. That is why we are seeking to work with industry to agree the best way forward.
Crime: Bail
asked Her Majesty's Government:
How many people absconded in Northern Ireland in each of the past five years while on bail awaiting sentencing. [HL5581]
The table below details the number of defendants on bail in the Crown Court and magistrates' court in Northern Ireland who had a bench warrant (Crown Court) or arrest warrant (magistrates' court) issued against them for failing to attend court between a finding of guilt/conviction and sentence.
It is not possible to provide information prior to October 2006 as this information was not centrally collated before that date.
Oct 2006 to Sep 2007 Oct 2007 to Sep 2008 Crown Court 21 17 Magistrates' Court 932 820 Total 953 837
Crime: Burglary
asked Her Majesty's Government:
How many of the 260 burglaries in South Belfast between April and June 2008 were in houses of multiple occupation; what percentage this represented; and what were the comparable figures between April and June 2007. [HL5542]
This is an operational matter for the chief constable. I have asked him to reply directly to the noble Lord, and will arrange for a copy of the letter to be placed in the Official Report and in the Library of the House.
asked Her Majesty's Government:
Further to the Written Answers by Lord Rooker on 8 July (WA 79) and 29 September (WA 381–2), what are the judicial guidelines on sentence length for multiple burglary offences in Northern Ireland; and, in the light of burglary offences in South Belfast being committed by a small number of offenders, whether those guidelines and the average custodial length for burglary of nine months in 2006 need revising. [HL5543]
The leading guideline case on multiple domestic burglaries is the Northern Ireland Court of Appeal decision in R v. Megarry [2002] NICA 29. In this case, the defendant who was found guilty of seven burglaries and related offences, who preyed on elderly and vulnerable persons and who had a degree of forethought and premeditation received a sentence of four years imprisonment followed by one year probation.
In upholding an appeal against the severity of the sentence in Megarry, the Court of Appeal adopted the observation of the Court of Appeal in England and Wales in R v. Brewster and others [1998] 1 Cr A[p] R(S) 181 at page 186:
“Generally speaking, domestic burglaries are the more serious if they are of occupied houses at night; if they are the result of professional planning, organisation or execution; if they are targeted at the elderly, the disabled and the sick; if there are repeated visits to the same premises; if they are committed by persistent offenders; if they are accompanied by vandalism or any wanton injury to the victim; if they are shown to have a seriously traumatic effect on the victim; if the offender operates as one of a group; if goods of high value (whether actual or sentimental) are targeted or taken; if force is used or threatened; if there is a pattern of repeat offending”.
Clearly the sentence in a specific case will depend on its facts.
Sentencing guidelines are published on the Judicial Studies Board for Northern Ireland website at www.jsbni.com. The Judicial Studies Board also provides training for the judiciary on a range of issues, including sentencing.
The Government have no plans to alter the maximum sentence for domestic burglary.
Crown Prosecution Service
asked Her Majesty's Government:
How much the Crown Prosecution Service in England and Wales cost in each of the past three years; and how much it cost per capita in each of the past three years. [HL5472]
The total cost of the Crown Prosecution Service, and the cost per capita in England and Wales in each of the past three years, was as follows:
2005-06 2006-07 2007-08 Net operating cost (000s) 600,466 614,218 632,714 Average number of staff 8,384 8,546 8,520 Cost per capita (£) 71,620 71,872 74,262
The cost per capita is calculated using the average number of full-time employees in each financial year.
Falkland Islands
asked Her Majesty's Government:
What considerations were taken into account prior to awarding the contract for operating the air bridge from Brize Norton to Ascension Island and the Falkland Islands previously operated by Omni Air International. [HL5523]
The requirements for the operation of the South Atlantic airbridge were determined by the MoD in consultation with the Falkland Islands Government and the Ascension Islands Government before the MoD undertook a competitive tendering exercise. The six bids received were evaluated against various criteria including technical capability, understanding and acceptance of contract terms, quality and flexibility, experience and pricing.
Freedom of Speech
asked Her Majesty's Government:
How their obligations regarding freedom of speech under the Human Rights Act 1998 relate to those arrested for “holocaust denial”. [HL5476]
Under the scheme of the Extradition Act 2003, there is no ministerial involvement in the operation of the European arrest warrant (EAW) regime.
When a person accused of holocaust denial is arrested pursuant to an EAW, Section 21 of the Act provides that the judge must discharge the requested person from proceedings if he feels that to order extradition would be incompatible with the person's convention rights within the meaning of the Human Rights Act 1998.
Immigration: Removal Centres
asked Her Majesty's Government:
What action has been taken, or is planned, by the contractors operating Yarl's Wood and Tinsley House Immigration Removal Centres to implement the recommendations of the Chief Inspector of Prisons concerning women and children. [HL5418]
HM Chief Inspector of Prisons published her reports of the inspections of Yarl's Wood and Tinsley House Immigration Removal Centres on 22 and 27 August respectively.
The UK Border Agency is in the process of drawing up action plans responding to the recommendations in each of the reports, which will cover action to be taken by the agency as well as the contractors operating the two centres. Copies of the action plans will be available in the House Library once agreed.
Liverpool
asked Her Majesty's Government:
How many times Liverpool as capital of culture 2008 has been visited by members of the Royal Family. [HL5483]
Seven Members of the Royal Family have carried out 10 visits to Liverpool during 2008.
29 January—The Earl of Wessex;
5 March—The Princess Royal;
17 April—The Duke of York;
14 May—The Duchess of Gloucester;
22 May—The Queen and The Duke of Edinburgh;
28 May—The Princess Royal;
18 July—The Princess Royal;
4 September—The Duchess of Gloucester;
28 September—The Prince of Wales; and
1 October—The Princess Royal
In addition, The Princess Royal is due to visit Liverpool on 31 October, and The Duke of Gloucester will visit on 10 November.
This information has been verified with the Royal Household.
asked Her Majesty's Government:
How many Merseyside parks have received heritage grants in (a) 2006, (b) 2007, and (c) 2008 to date. [HL5484]
Year Number Park Name 2006 1 Birkenhead Park, Birkenhead 2007 1 Court Hey Park, Knowsley 2008 0 n/a
In 2006, Birkenhead Park in Birkenhead received heritage grants of £451,300 from the Heritage Lottery Fund (HLF) and £101,361 from English Heritage. In 2007, Court Hey Park in Knowsley received £50,000 from HLF. Prior to 2006, HLF funded nine Merseyside parks to the value of £19,908,800.
Northern Ireland Office: Agencies
asked Her Majesty's Government:
In respect of which Northern Ireland Office agencies and related organisations the Northern Ireland Office over the past three years has (a) paid tax for which members of the organisation's board were liable; and (b) specified that members of the organisation's board must pay their own taxes directly. [HL5398]
The Northern Ireland Office made a tax payment in respect of members of the Parades Commission. This followed a ruling by HM Revenue and Customs that they should be considered as office holders and should therefore have been paid via the departmental payroll (with tax being deducted from their remuneration at source), rather than receiving gross payments. The tax payment covered the period up to 2005. This does not indicate that any moneys in relation to tax were owed by the commissioners.
Following the HMRC ruling, all agencies and related organisations were informed that individuals appointed as office holders must be paid via payroll to ensure deductions in relation to income tax and national insurance contributions were made at source.
Northern Ireland Office: Bonuses
asked Her Majesty's Government:
What bonuses were paid to civil servants in the Northern Ireland Office this year by rank; on what dates; and how many civil servants were in each rank. [HL5577]
The Northern Ireland Office operates three bonus schemes—special bonuses (to reward particularly meritorious contributions during the year), an end-of-year bonus for staff below the senior Civil Service (SCS) (to reward performance and delivery throughout the year), and a bonus scheme for SCS staff which is an integral part of the pay arrangements in operation in all Whitehall and Northern Ireland departments. Figures are set out in following tables.
Grade Number of Staff Receiving Bonus Amount SCS 0 £0 Grade A 36 £11,655 Grade B1 48 £11,195 Grade B2 50 £10,970 Grade C 114 £19,545 Assistant Scientific Officer 19 £2,720 Grade D1 126 £18,665 Grade D2 78 £10,290
Grade Number of Staff Receiving Bonus Amount Grade A 39 £46,020 Grade B1 55 £56,650 Grade B2 48 £42,240 Grade C 88 £64,240 Assistant Scientific Officer 7 £4,725 Grade D1 99 £62,370 Grade D2 31 £16,430
Grade Number of Staff Receiving Bonus Amount SCS 42 £317,200
asked Her Majesty's Government:
Which bonuses for civil servants in the Northern Ireland Office were agreed at ministerial level. [HL5578]
Ministers do not approve bonus payments to any individual members of staff. All the arrangements under which bonuses are paid have, however, been approved by Ministers.
Northern Ireland Office: Special Payments
asked Her Majesty's Government:
Whether an annual payment for danger has been paid to Northern Ireland Office civil servants living in Northern Ireland; if so, why; how much was paid; when the payments started; and, if they have stopped, when they stopped. [HL5579]
Since 1992, the Northern Ireland Office has paid a special allowance to all its administrative staff working in Northern Ireland. The allowance was introduced in recognition of the department's work in the law and order field.
The allowance, which has not been uprated since 1994, is in two parts: an annual amount, paid monthly, of £287 and a daily attendance allowance of £1.31 paid only to individuals who attend certain designated sites; this element is subject to a maximum of £287 in any one year.
A review of these allowances will commence shortly.
Northern Ireland: Human Rights Commission
asked Her Majesty's Government:
Whether the Northern Ireland Human Rights Commission has any principal advisers on human rights; if so, when they were appointed; what remit, if any, they were given; for how long they are appointed; whether they are remunerated; whether their advice is published; and, if so, in what form; and [HL5601]
How much the Northern Ireland Human Rights Commission spent on taxis during each of the past five years; and [HL5641]
Who has been appointed by the Northern Ireland Human Rights Commission to facilitate its Bill of Rights deliberations; what selection process was used for the appointment; what is the appointed person's experience in human rights matters; what are their remuneration and conditions of employment; and whether the post was advertised. [HL5544]
These are operational matters for the Northern Ireland Human Rights Commission, which operates independently of Government. The noble Lord may wish to write to the commission directly on these matters.
Passports
asked Her Majesty's Government:
How many of the remote area arrangements for passport personal interviews are currently operative. [HL5451]
As of early October, there are three remote area arrangements that are operative. These are at the following locations:
Haverfordwest (Wales); and
Lerwick and Stranraer (Scotland).
Pesticides
asked Her Majesty's Government:
Further to the Written Answer by the Minister of State at the Department for Environment, Food and Rural Affairs, Phil Woolas, on 25 June (Official Report, House of Commons, 303W), what were the practical and political implications of their abstention in June from the vote on European Union proposals relating to hazard cut-off criteria on plant protection products. [HL5604]
The United Kingdom was one of four member states to abstain from voting on the proposal (the others were Hungary, Ireland and Romania), which was therefore approved by a qualified majority. The text was subsequently adopted by the Council as its common position and transmitted to the European Parliament for the second reading in September. The second reading process is expected to be completed by the end of this year or early in 2009.
Police: Northern Ireland
asked Her Majesty's Government:
What extra police resources have been allocated to County Fermanagh as a result of recent republican attacks on Police Service of Northern Ireland officers. [HL5691]
That is an operational matter for the chief constable. I have asked him to reply directly to the noble Lord, and a copy of his letter will be placed in the Library of the House and in the Official Report.
asked Her Majesty's Government:
Whether they have reconsidered proposals to close police stations in County Fermanagh as a result of recent republican attacks on Police Service of Northern Ireland officers. [HL5692]
That is an operational matter for the chief constable. I have asked him to reply directly to the noble Lord, and a copy of his letter will be placed in the Library of the House and in the Official Report.
asked Her Majesty's Government:
Whether they have reconsidered proposals to move the communication control personnel from County Fermanagh as a result of recent republican attacks on Police Service of Northern Ireland officers in that county. [HL5693]
That is an operational matter for the chief constable. I have asked him to reply directly to the noble Lord, and a copy of his letter will be placed in the Library of the House and in the Official Report.
Prisons: Costs
asked Her Majesty's Government:
What is the average cost of keeping a person in prison in Northern Ireland for one week. [HL5526]
As the prisoner population fluctuates on a daily basis, the Northern Ireland Prison Service use cost per prisoner place as a guide. The projected average cost of keeping a person in prison for one week in 2008-09 is £1,567.
Prisons: Northern Ireland
asked Her Majesty's Government:
How many people are currently in prison in Northern Ireland for non-payment of debts. [HL5530]
At 15 October, there were 20 prisoners in custody for non-payment of debts.
asked Her Majesty's Government:
Which schemes of remission of sentence and early release are currently available to prisoners in Northern Ireland. [HL5541]
The statutory schemes are as follows:
Remission of Sentence:
Prison and Young Offenders Centre Rules (Northern Ireland) 1995—Rule 30;
Northern Ireland (Remission of Sentences) Act 1995; and
Terrorism Act 2000—Section 79 for scheduled offences committed before 1 August 2007.
Early Release:
Prison Act (Northern Ireland) 1953—Section 16;
Northern Ireland (Sentences) Act 1998; and
Life Sentences (Northern Ireland) Order 2001—Article 7.
asked Her Majesty's Government:
How many prisoners in Northern Ireland are not British citizens; and what are their nationalities. [HL5599]
On 13 October 2008, there were 154 foreign national prisoners being held by the Northern Ireland Prison Service (excluding Irish nationals). Their nationalities are shown in the following table.
Algerian 1 Kyrgyzstani 1 American 1 Latvian 3 Argentinian 1 Liberian 1 Australian 1 Lithuanian 11 Belgian 1 Moldovan 3 Beninese 1 Moroccan 1 Bulgarian 1 Nigerian 7 Canadian 1 Polish 15 Chinese 74 Portuguese 3 Danish 1 Romanian 3 Dutch 8 Sierra Leone 1 German 2 Slovenian 1 Ghanaian 1 Somalian 1 Hungarian 1 South African 2 Ivorian 1 Spanish 1 Korean 2 Sudanese 1 Unknown 1
asked Her Majesty's Government:
Why the percentage of prisoners on remand in Northern Ireland is double that in England. [HL5639]
Remand rates can fluctuate for a number of reasons. For example, major police successes in tackling organised crime and in apprehending suspected offenders can result in a short-term increase.
By reducing avoidable delay in the criminal justice system, we will make a significant impact on the duration of remands. A comprehensive package of measures covering some 80 actions has been put in place, monitored by the Criminal Justice Board, to address the problem of delay, and this is backed up by clear standards and an inter-agency action team. The availability of electronic monitoring of curfews as a condition of bail, due to be introduced in April, should also help further to limit the need for remand.
Public Prosecution Service
asked Her Majesty's Government:
How much the Public Prosecution Service in Northern Ireland cost in each of the past three years; and how much it cost per capita in each of the past three years. [HL5471]
The running costs of the Public Prosecution Service (PPS) and the related costs per capita for the past three years are outlined in the following table. Over this period, the progressive roll-out of the PPS across Northern Ireland to reach full operation in 2007-08 resulted in an increase in cost per capita.
2005-06 2006-07 2007-08 Total resource expenditure £24,945,417 £34,694,523 £35,524,701 Staff employed 460 550 556 Costs per capita £54,229 £63,081 £63,893
Teachers: Northern Ireland
asked Her Majesty's Government:
What discussions they have had with the devolved Administration in Northern Ireland about their monitoring of the religions of teacher and classroom assistant appointments in Northern Ireland; and what discussions they have had about the teacher exemption from fair employment law. [HL5546]
Both education and anti-discrimination law are devolved matters in Northern Ireland. Neither my right honourable friend the Secretary of State for Northern Ireland, nor the Minister of State at the Northern Ireland Office, nor their officials have had any such discussions.
Vehicles: Exhausts
asked Her Majesty's Government:
Whether the modification or replacement of motor vehicle exhaust systems in order to produce a greater level of noise is in conformity with European Union type approval regulations; and what enforcement action they will take to discourage any contraventions of the regulations. [HL5603]
European-Union-type approval legislation in relation to vehicle noise is primarily concerned with ensuring that new vehicles meet specified noise limits and exhaust standards before they are permitted to enter into service. Mandatory EU-type approval requirements have been transposed into UK regulations.
Control of vehicle noise in service is governed by domestic legislation. Under regulation 54 of the Road Vehicles (Construction and Use) Regulations 1986, as amended, alteration of the exhaust system of a vehicle so as to increase the noise made by the escape of exhaust gases is an offence. The regulation forbids both the alteration of the silencer itself so as to make the vehicle noisier and the alteration of the exhaust system (by, for instance, replacing the silencer with one of a different pattern) so as to make the vehicle noisier.
At MoT, test vehicle testers are required to fail vehicles which are excessively noisy for their type. Enforcement on public roads is carried out by the police, who are able to take action if they suspect a vehicle contravenes construction and use noise, or other, requirements. They have further powers to address noise nuisance under the Police Reform Act 2002 and the Crime and Disorder Act 1998 under which anti-social behaviour orders can be served on the vehicle owner, imposing a ban from certain roads or even vehicle confiscation.
Visas
asked Her Majesty's Government:
What are the route, anticipated journey time and travel cost for applicants from Equatorial Guinea applying for visas for entry into the United Kingdom when required to attend an interview in Accra. [HL5619]
Equatorial Guinea passport holders have never been required to visit either Abuja or Accra in order to apply for a UK visa. They may submit their applications at any UK Visa Application Centre convenient to them. Every effort is made to make decisions on visa applications on the basis of documentary evidence and it is extremely unlikely that an interview would be required.
There is a range of options for passengers wishing to fly from Equatorial Guinea to Accra. The journey times and fares depend on a range of factors such as the route taken, how far in advance the tickets are booked, and class of travel.
asked Her Majesty's Government:
Whether the move from Abuja to Accra of the place of issuing of visas to the United Kingdom for citizens of Equatorial Guinea is considered to improve the service from the perspective of the applicant. [HL5620]
Citizens of Equatorial Guinea may apply for a UK visa at any British mission overseas with visa-processing facilities, including Abuja and Accra. The nearest UK visa application centre is in Yaounde, Cameroon, which has traditionally been the location preferred by citizens of Equatorial Guinea. During the 12 months to September 2008, 109 of the 223 applications lodged worldwide by EG citizens were lodged in Yaounde. In July 2008, the Yaounde visa section was closed as a visa issuing post, but a facility was retained to accept applications that are forwarded by courier to Accra for processing. EG nationals may still apply there and can expect a processing time of two to three weeks.
Straightforward applications submitted in Yaounde are available for return to the applicant within eight to 10 days and those that are not straightforward take between 13 and 15 working days. Although no specific research has been done for EG applications globally, our experience and research shows that applicants value speed less than they value transparency and clear messages about the time their application will take.
While there are no longer facilities in Yaounde to deal with emergency applications, nationals of Equatorial Guinea may travel to Accra, Abuja or Lagos and make an application in person.
Water Supply
asked Her Majesty's Government:
Further to the Written Answer by Lord Rooker on 21 April (WA 272), how Ofwat plans to balance the needs of consumers, the environment and water leakage when the Government's new house building programme begins; and whether the final water leakage target will cause difficulties for the water and sewage sectors. [HL5504]
Guidance from the Environment Agency and from Ofwat requires water companies to take into account the Government's projections for housing development when preparing their water resource management plans and their draft business plans.
Ofwat also requires companies to take into account all of the costs and benefits—including environmental and social costs and benefits—of different options to maintain a sustainable, economic balance between supply and demand. Ofwat expects companies to balance supply and demand in a way that delivers best value for consumers and the environment.
Controlling leakage is one of the means by which companies can maintain a balance between supply and demand. Ofwat expects companies to maintain leakage at a sustainable, economic level, again taking account of all of the costs and benefits of leakage control compared with the costs and benefits of other options to balance supply and demand.
Ofwat recently completed a study of leakage issues, and has required companies to adopt a number of improvements to their methodologies. The targets that Ofwat will agree for companies for the period 2010-11 to 2014-15 (as part of the 2009 periodic review of prices) will be challenging but achievable.
Weeds
asked Her Majesty's Government:
Whether Natural England is taking all necessary steps to control and eradicate ragwort as required by the Weeds Act 1959 and the Ragwort Control Act 2003. [HL5320]
Under the Weeds Act 1959 the Secretary of State has the power to issue an enforcement notice requiring an occupier of land on which ragwort is growing to take action to prevent it spreading to neighbouring land. If an occupier has unreasonably failed to comply with an enforcement notice, the Secretary of State may take action to arrange for the weeds to be cleared and recover the cost of doing so. The Weeds Act was amended by the Ragwort Control Act 2003, which provides for the publication of a code of practice on how to prevent the spread of ragwort.
Defra's policy under the Act is to investigate complaints about injurious weeds where there is a risk of spread to land used for horses and other livestock or to agricultural activities, and where the complainant has already made an attempt to settle the matter informally. Defra's policy is to control rather than eradicate ragwort and other injurious weeds, as it is recognised that both make an important contribution to the biodiversity of the countryside.
Natural England investigates complaints under the Weeds Act on behalf of Defra, and from 2006 to August 2008 it has received and processed a total of 850 formal complaints and has issued 85 on-the-spot enforcement notices where an occupier had not responded to an initial letter requesting action to clear weeds. Natural England has also issued 10 clearance notices and arranged for contractors to be employed to clear the weeds.
Young Offenders
asked Her Majesty's Government:
Why a young offender referred to a youth offending panel may not be subject to a lasting record of criminal behaviour whereas the recipient of a compensation order made in a youth court is subject to a criminal record; and what representations they have received from the Magistrates' Association and others on this matter. [HL5493]
A young person who receives a referral order, which involves referral to a youth offender panel, does have a criminal record just as a young person who receives a compensation order does. Both are court orders and are made as part of the sentence imposed by the court. However a referral order is spent under the terms of the Rehabilitation of Offenders Act 1974 as soon as the contract with the youth offender panel is completed. A compensation order becomes spent two and a half years after the date of conviction for those aged 17 and under. Officials have discussed the different spent periods with the Magistrates' Association. There are no plans to change those periods.
Young Offender Institutions: Zahid Mubarek
asked Her Majesty's Government:
Whether any of the staff responsible for providing protection and security for Zahid Mubarak at Her Majesty's young offenders institution Feltham, where he was murdered in 2000, were subject to disciplinary proceedings; and whether any of those staff still work at Feltham or in other parts of the Prison Service. [HL5532]
No members of staff were subject to disciplinary action following Zahid Mubarek's death. In March 2000, an internal Prison Service investigation was established to examine the circumstances of Zahid's death and to determine whether any disciplinary action was appropriate. The investigation concluded that it could not recommend action against any individual as there had been widespread deficiencies over a number of years. Following publication of Mr Justice Keith's inquiry, a further review was undertaken to consider if disciplinary action was appropriate in respect of any staff criticised in the report. This review was undertaken against the criteria set by the inquiry that no action would be taken unless there was evidence that staff had deliberately misled the inquiry or had acted in a manner that constituted gross misconduct. The review concluded that there was insufficient evidence on which to base disciplinary action.