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Written Answers

Volume 705: debated on Friday 14 November 2008

Written Answers

Friday 14 November 2008

Airports: Stansted

asked Her Majesty's Government:

What forecast they have made of demand at Stansted Airport over the next 10 years; when the forecast was made; and whether they will review the forecast before the Stansted G2 inquiry starts in April 2009. [HL6218]

The Department for Transport's forecasts of UK air passenger demand and CO2 emissions were last updated and published in November 2007 in UK Air Passenger Demand and CO2 Forecasts. This is available at www.dft.gov.uk/pgr/aviation/environmentalissues/ ukairdemandandco2forecasts/airpassdemandfullreport.pdf.

Demand forecasts for Stansted are presented alongside forecasts for other airports on pages 111 and 112 of the report.

We expect to provide an update to this report, taking account of revised economic projections, when we announce policy decisions on the future development of Heathrow Airport later this year.

Aviation: Air Contamination

asked Her Majesty's Government:

When the results of the research they commissioned from Cranfield University into chemicals in contaminated cabin air in aircraft will be available. [HL6329]

Cranfield University is actively engaged on the cabin air sampling programme, and about 40 per cent of the planned flights have now been tested by a scientist on-board. The timetable is constrained by the five participating airlines and by resources, as the samples are being taken by named individuals who have received special briefing by Cranfield to ensure a consistent methodology and secure chain of custody for delivering the samples to the laboratories for analysis. It is likely that this phase of the research will last until the spring. The findings will then be peer-reviewed before being published as a whole. I hope that this will prove possible as soon as practicable.

Badgers

asked Her Majesty's Government:

Further to the Written Answer by the Minister for Farming and the Environment, Jane Kennedy, on 21 October (Official Report, House of Commons, col. 154W), which bodies carried out the badger population survey in the mid-1980s and the mid-1990s; and whether a further population survey is to be carried out before 2010; and [HL6052]

Further to the Written Answer by the Minister for Farming and the Environment, Jane Kennedy, on 21 October (Official Report, House of Commons, col. 154W), whether there is an official estimate of the size of the badger population; if so, which organisation carried it out; on what basis it was done; and what the estimate is. [HL6053]

The survey in the mid-1980s (published in 1990) was carried out by the Nature Conservancy Council. The survey in the mid-1990s (published in 1997) was carried out by the People's Trust for Endangered Species.

My department's estimate is based on these surveys which put the badger population in Great Britain at around 250,000 to 350,000, though there are considerable uncertainties attached to this estimate.

Neither Defra nor Natural England is planning any surveys of the badger population in England before 2010.

Benefits: Employment and Support Allowance

asked Her Majesty's Government:

Whether the 13-week wait between lodging an application for employment support allowance and the Department for Work and Pensions' decision on eligibility is due to (a) the interval between application and first payment, (b) any back-log within the department, or (c) another reason; and, if the latter, what is that reason. [HL6055]

Claimants to employment and support allowance who are awarded benefit enter a 13-week assessment phase during which the work capability assessment, which determines continued entitlement to benefit, is conducted. We have set the assessment phase at 13 weeks because that is the estimated time taken to complete the assessment process for almost all claimants.

The 13-week period applies to most claimants for reasons of equity. It would be unfair to move some customers onto the higher main phase rate of benefit earlier than others because of circumstances beyond their control. There are exceptions for people who are terminally ill or for people who have previously claimed and returned to the benefit under the linking rules.

During the assessment phase, the benefit is paid at the same level as jobseeker's allowance, which helps reduce perverse incentives to claim employment and support allowance rather than jobseeker's allowance.

Under employment and support allowance, claimants receive an increased rate of benefit at the 14th week, much sooner than under the incapacity benefits system, where higher rates are typically payable after a year of incapacity.

Bovine Tuberculosis

asked Her Majesty's Government:

Whether the 42 cats reported in the Daily Telegraph on 18 October as being confirmed between 2005 and 2007 as having bovine tuberculosis were based in rural areas; and, of those not, how many were from towns and how many from cities. [HL5946]

We are unable to provide the precise breakdown requested because in some cases we do not have the address of some of the owners of the cats that were confirmed with bovine TB; we only have the address of the private veterinary practice that submitted the samples where TB was suspected, as they are required to do under TB legislation. Most of the private veterinary practices that submitted the samples were from towns.

British Waterways

asked Her Majesty's Government:

What payments British Waterways has made, or is contracted to make, to public relations consultants; and for what purposes. [HL6146]

Co-operation Ireland

asked Her Majesty's Government:

Whether they have a role in the appointment of the chairman of Co-operation Ireland; if so, what is the role; who exercises it; and how. [HL6169]

Crime: Fuel Smuggling

asked Her Majesty's Government:

What has been the estimated loss of revenue to HM Treasury from fuel smuggling between Northern Ireland and the Irish Republic in each of the past 10 years. [HL6130]

Estimates of the revenue lost through fuel smuggling, or indeed any illegal consumption of diesel and petrol in Northern Ireland, are not available because it is not yet possible to split revenue losses between those resulting from the illicit market and those from legitimate cross-border shopping. However, information relating to the revenue not collected due to non-UK-duty-paid consumption of fuel in Northern Ireland was made available to the House of Lords Library at the time of the October 2007 Pre-Budget Report, in the document entitled Measuring Indirect Tax Losses2007.

The most recent published figures for both the petrol and diesel revenue not collected in Northern Ireland are also shown in the following tables.

Northern Ireland: Diesel: Revenue Not Collected and Market Shares: Non-UK-Duty-Paid Market1 2

2001-02

2002-03

2003-04

2004-05

2005-06

NUKDP Market Share:

58%

53%

51%

42%

43%

Associated Revenue Losses (£ million):

210

210

220

190

210

Northern Ireland: Petrol: Revenue Not Collected and Market Shares: Non-UK-Duty-Paid Market1 2

2001-02

2002-03

2003-04

2004-05

2005-06

NUKDP Market Share:

18%

18%

18%

13%

14%

Associated Revenue Losses (£ million):

60

60

60

50

50

1 Figures are rounded to the nearest £10 million or 1 %.

2 Estimates include duty and VAT.

Estimates for 2006-07 are not currently available. They are expected to be published at the time of the 2008 Pre-Budget Report.

Defra: Staff

asked Her Majesty's Government:

How many persons classified by statute as inspectors have been employed by the Department for Environment, Food and Rural Affairs in each year since 2001; and how many are employed now. [HL5732]

The number of inspectors employed by Defra, and in inspectorates currently within the core department, is shown in the table below.

Year

Drinking Water Inspectors

Plant Health and Seeds Inspectors

Total

2001

18

N/A

2002

20

N/A

2003

19

93

112

2004

23

92

115

2005

21

95

116

2006

24

110

134

2007

24

110

134

2008

25

86

111

Information on the number of inspectors working in Defra's executive agencies over this period could be provided only by incurring disproportionate cost.

asked Her Majesty's Government:

How many staff of each grade left the Department for Environment, Food and Rural Affairs in 2007–08 under the voluntary early retirement and severance schemes; whether payments under those schemes were tax-free; if not, what the upper limit for tax relief was; what the total cost of the schemes was in 2007; how many staff have been recruited since April 2008 in each grade; and whether any such recruits are persons who took voluntary retirement or severance pay in the previous 12 months. [HL5950]

For core Defra (Defra excluding its agencies) there were two schemes run in 2007-08 which were split up into a number of tranches. Within these schemes, the first £30,000 payment was tax free and after that normal tax rates applied. In total 627 people left under voluntary early retirement (VER)/voluntary early severance (VES), at an estimated total cost of £51 million. This was split as follows:

Number of Leavers

Total Cost

VER

250

£28 million

VES

377

£23 million

This was split between grades as follows:

Grade

Number

AA

37

AO

127

EO

145

HEO

132

SEO

57

Grade 7

62

Grade 6

16

CONTR

3

TYPIST

2

PS

10

Band C

1

Band D

1

SGB 2

12

SO

1

SPS

3

SSO

1

HSO

1

SGB1

4

FCPB 2

1

PHSI 1

1

Grand Total

627

In addition, there were 29 people from Defra agencies who left as part of the closure of the Wildlife Unit (25 people on VES and 4 people on VER) at a total cost of £1.5 million.

Since the beginning of April 2008, 163 people have been employed within Defra. This is broken down as follows:

AA

6

AO

32

EO

37

HEO

47

SEO

13

G7

21

G6

3

SCS

4

None of the people who left on either voluntary early retirement or severance in 2007-08 has been re-employed.

Energy: Low-carbon Strategy

asked Her Majesty's Government:

What progress has been made towards making government departments carbon neutral by 2012. [HL6171]

The Government will shortly be consulting on a definition of carbon neutrality with the aim of publishing a final definition in spring 2009. We will then review the implications for departments' delivery of the current carbon neutrality target and the potential need for off-sets.

Forecasts based on data yet to be verified by the Sustainable Development Commission indicate that, in 2007-08, carbon emissions from offices on the civil estate reduced by 6.5 per cent against the baseline year of 1999-2000. This was an improvement on the 4 per cent reduction recorded in 2006-07.

Government: Contractors

asked Her Majesty's Government:

How many complaints the Office of Government Commerce has received from sub-contractors over non-compliance with the Fair Payment Charter's commitment to payment periods not exceeding 30 days. [HL6126]

The Office of Government Commerce has not received any specific complaints from sub-contractors.

The office continues to work with both clients and construction industry trade bodies to raise awareness of, and compliance with, the principles of the Fair Payment Charter.

House of Lords: Dress Code

asked the Chairman of Committees:

Whether there is a dress code for those passing through the Prince's Chamber when the House is sitting; if so, what it is; how it is enforced; and whether it applies equally to men and women. [HL6330]

The dress code in the Prince’s Chamber is the same as in the main catering outlets for Members: men should wear a jacket and tie, and women should be suitably attired. This dress code applies equally to Members, guests, staff and officials. The code is enforced by the Doorkeepers, who rely on the co-operation of Members. I take this opportunity to remind Members that they should adhere to this dress code at all times and ensure that their guests and staff do likewise.

Housing

asked Her Majesty's Government:

What measures they are planning to raise the level of house-building activity. [HL5997]

The Government recently announced measures to purchase unsold stock from developers through the Housing Corporation and to support the most critical regeneration schemes through working with regional development agencies. We have also brought forward moneys to support affordable housing this year. These measures aim to create confidence and stability in the building industry.

Housing: Energy Efficiency

asked Her Majesty's Government:

Whether manufacturers of components for house building have to conform to household security standards when designing energy-efficient windows and door furniture. [HL6073]

Security standards are not required in energy-efficient doors and windows for the purposes of the building regulations. However, where building to standards specified by the Housing Corporation or English Partnerships, or if specifying windows in order to comply with specific requirements of the code for sustainable homes, security features may be a consideration.

asked Her Majesty's Government:

What action they will take up to 2016 to reduce the carbon output of new homes. [HL6174]

The Government set out their target for all new homes to be zero carbon from 2016 in the Building a Greener Future policy statement issued in July 2007 (www.communities.gov.uk/documents/planningandbuilding/pdf/building_ greener.pdf). The target will be achieved through progressive tightening of the building regulations—by 25 per cent (relative to 2006 regulations) in 2010, 44 per cent in 2013 and then zero carbon in 2016. A consultation paper on the detailed definition of zero carbon new homes is due to be issued shortly.

The 2016 taskforce (jointly chaired by the Minister of Housing and the chief executive of the Home Builders Federation) meets regularly to oversee implementation of the zero carbon new homes policy. The industry has set up a delivery body, the Zero Carbon Hub, which was launched earlier this year to help identify and tackle barriers to delivery and to engage with industry and other organisations which will be responsible for delivery. Further information about the Hub can be found at its website at www.zerocarbonhub.org.

In addition to changes to the building regulations, the code for sustainable homes is intended to guide industry in the design and construction of sustainable homes. It sets out standards, which are above the regulatory minimum, for the sustainability of a house as a whole, including, energy, water, materials, waste and ecology. The rating of all new homes against the code became mandatory from 1 May 2008. Homes that are built on English Partnerships' land need to build to at least code level 3 and homes that are designed and built with funding from the National Affordable Housing Programme need to be built to code level 3.

The Government are encouraging a range of exemplar developments of different sizes and types which demonstrate low-carbon technologies. These include eco-towns, the Thames Gateway and, on a smaller scale, English Partnerships’ Carbon Challenge. Our planning policies on climate change, including the new planning policy statement on climate change, expect new development to be planned to limit carbon dioxide emissions and sustainability appraisal to be used to shape planning strategies that help achieve this.

IT: Rural Communities

asked Her Majesty's Government:

What proportion of rural villages have a computer available for use by the general public and linked to the internet. [HL6028]

This information is not held. However, UK online centres provide people in urban and rural locations with free or low-cost access to computers and the internet. There are over 6,000 UK online centres across urban and rural areas that range from voluntary sector high street centres to further educational colleges and libraries. Research carried out by the Office of Communications (Ofcom) for its Communications Market 2008 report indicates that of the 71 per cent of UK adults who use the internet, 14 per cent sought access in a library or educational institution in the first quarter of 2008—www.ofcom.org. uk/research/cm/cmr08/cmr08_2.pdf.

In addition, there are a number of community-based projects which provide access to broadband facilities and computers in local venues. The Switch on Shropshire project is a good example of this at www.switchonshropshire.org.uk/.

Digital communications are vital to business success and competitiveness, and enrich the social, cultural and educational landscape. Our ambition is to see the UK as the leading major economy for innovation, investment and quality in the digital and communications industries. That is why we announced on 17 October that I would be developing a digital Britain action plan to secure four key conditions; namely, open markets, empowered and informed consumers and citizens, universal access to public service content, and a responsive regulatory framework. I aim to publish the digital Britain report in Spring next year.

The recently launched cross-government report Delivering Digital Inclusion: An Action Plan for Consultation announced a research project focused on “not spots” and the potential risks for communities or places around emerging high-speed internet services and applications to evaluate whether the UK, or parts of the UK, will be at a disadvantage.

Northern Ireland: Human Rights Commission

asked Her Majesty's Government:

Further to the Written Answer by the Lord President (Baroness Royall of Blaisdon) on 29 October (WA 172) concerning the composition of the Northern Ireland Human Rights Commission, what measurement is used to determine whether the Secretary of State has complied with the obligation to ensure that the commissioners, as a group, are representative of the community in Northern Ireland. [HL6047]

Under the Northern Ireland Act 1998 the Secretary of State for Northern Ireland is obliged, when making appointments to the Northern Ireland Human Rights Commission, to secure so far as practicable, that the Commissioners as a group are representative of the community in Northern Ireland.

The composition of existing commissioners is taken into account when appointments are made, so that this obligation can be met.

The Secretary of State has complied with this obligation in every appointment that has been made to the Northern Ireland Human Rights Commission.

Planning

asked Her Majesty's Government:

How many planning applications have gone to appeal in 2008; how many went to appeal in 2006 and 2007; and how many of those appeals were won by the appellant in each year. [HL6015]

The table below shows the number of planning appeals determined by the planning inspectorate for the years 2006, 2007 and from 1 January to 30 September 2008, together with the number of appeals that were allowed (won by the appellant) and dismissed in each year.

Year

Appeals determined

Appeals allowed

Appeals dismissed

2006

19,869

6,757

13,112

2007

20,542

7,339

13,203

2008 (1/1/08-30/9/08)

10,733

3,642

7,091

asked Her Majesty's Government:

Further to the Written Answer by Baroness Andrews on 15 October (WA 53–55), how long the Secretary of State has been in possession of the seven appeals awaiting determination by her; and when, in each case, a final decision is expected. [HL6153]

The period of time that the Secretary of State has been in possession of each of the seven appeals is indicated in the list below:

Somerset County Council—land at Short Drove (11 years); land adjoining Daggs Lane Drove (11 years); land adjoining London Drove (11 years);

Peak District National Park—Smalldale Head Quarry (9 years 11 months);

Staffordshire County Council—Campions Wood Quarry (10 years 11 months);

Walsall Metropolitan Borough Council—Branton Hill Sand and Gravel Pit (9 years 3 months); and

Hertfordshire County Council—Pole Hole Quarry (9 years).

The Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008 will now allow these appeals to be determined. However, it is currently not possible to make an accurate assessment of when final decisions will be taken on these cases. A range of case-specific factors outside of the Secretary of State's control, including the time taken by the applicant to provide the necessary environmental information, will ultimately determine how long is needed to reach final decisions.

asked Her Majesty's Government:

Further to the Written Answer by Baroness Andrews on 15 October (WA 53–55), how long each of the estimated 42 applications has been waiting for determination by relevant mineral planning authorities; and when final decisions are expected. [HL6154]

The list of applications included with my earlier reply has been updated to reflect further information now available. The updated list is set out below and indicates the period of time applications have been waiting for determination (where that is available) and the date of determination where applicable.

Applications Determined

Dorset County Council—Furzeyground Open Pit (10 years 6 months) (determined 24 June 2008); Aldmoor/Greenspecks Clay Mine (10 years 4 months) (determined 24 June 2008);

Peak District National Park—Shining Bank Quarry (9 years) (determined February 2007); and

Staffordshire County Council—Elford Quarry (9 years 6 months) (determined 27 February 2008).

Applications Outstanding

Cumbria County Council—Hartley Quarry (11 years 10 months);

Dorset County Council—Portland Stone Quarries (10 years 1 month); Binnegar Quarry (2 applications) (10 years 10 months); Warmwell Quarry (3 applications) (10 years 10 months); Masters South Sand Pit (11 years 3 months); Masters North Sand Pit (11 years 3 months); Hyde Sand Pit (11 years 3 months); Arne Open Pit (10 years 10 months);

Oxfordshire County Council—Shenington Quarry (11 years 7 months); Radley-Thrupp Farm (8 years 10 months);

Peak District National Park—Birchover Quarry (10 years 9 months); Canyards Hill Quarry (10 years 2 months); Longstone Edge (eastern section including Backdale Quarry) (11 years 9 months); Shire Hill Quarry (11 years 2 months); Topley Pike Quarry (10 years 9 months); Stanton Moor Quarry (10 years 2 months);

Staffordshire County Council—Apedale South Quarry (10 years 3 months); Keele Quarry (10 years 7 months); Hinksford Lane Quarry (North) (10 years 8 months); Weeford Quarry (10 years 3 months); Alrewas Quarry (9 years 5 months); and

Yorkshire Dales National Park: Horton Quarry (10 years 8 months).

Information on the time that the following applications have been waiting determination by planning authorities is not currently available:

Rotherham Borough Council—Swallownest Brickworks;

Shropshire County Council—Cound Quarry; and

Surrey County Council—Shepperton Pit; Swallow Tiles Quarry; Nutbourne Brickworks; Stanwell Quarries 2 & 3; Mercers & Chilmead Farms.

It has also been established that three applications have been identified that were not included in my earlier reply. These are:

Dorset County Council—Henbury Sand Pit (10 years); Warmwell Airfield (10 years 10 months); and

Peak District National Park—Barton Hill (10 years 2 months).

In addition, further information has revealed that that five applications listed in my earlier reply were not for determination under the 2008 Regulations. These are:

North Somerset Council—Durnsford Quarry, Hyattswood Quarry; and

Peterborough City Council—Bradley Fen Quarry; Bainton Pit; Stanground Quarry.

For the outstanding applications, it is currently not possible to make an accurate assessment of when final decisions will be taken. A range of case-specific factors, including the time taken by the applicant to provide the necessary environmental information, will ultimately determine how long is needed to reach final decisions.

Police: Northern Ireland

asked Her Majesty's Government:

Whether the Police Service of Northern Ireland has to bid for the money received from the sale of a police station in Northern Ireland. [HL5918]

Disposal proceeds from stations are a departmental resource, but the PSNI may retain receipts derived from the sale provided that:

the NIO and the Treasury are content for the PSNI to retain these receipts;

they are used to finance other capital spending;

the NIO receives prior notification of individual sales; and

total sales in any financial year do not exceed a limit agreed with the department.

asked Her Majesty's Government:

Whether the Police Service of Northern Ireland recoups the full amount from the sale of a police station in Northern Ireland. [HL5919]

The PSNI recoups the full amount from the sale of police stations provided that:

the NIO and the Treasury are content for the PSNI to retain these receipts;

they are used to finance other capital spending;

the NIO receives prior notification of individual sales; and

total sales in any financial year do not exceed a limit agreed with the department.

asked Her Majesty's Government:

How many Police Service of Northern Ireland stations have closed in each of the past 10 years; how many station closures are planned; and how many of these would be designated “border stations”; and [HL6129]

How many police officers in Northern Ireland have been advised to leave their homes due to paramilitary threats (a) from January to November 2008; and (b) in each of the previous 10 years. [HL6131]

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 Library of the House.

Public Prosecution Service

asked Her Majesty's Government:

What assessment they have made of the speed of processing cases by the Northern Ireland Public Prosecution Service; and what proposals they have to improve its performance. [HL6046]

Railways: Crossrail

asked Her Majesty's Government:

What are the main locations of spoil arising from tunnel and station construction of the Crossrail project; and what proportion of such spoil is planned to be removed by road, rail or water; and [HL6227]

What assurances the promoters of the Crossrail project have given them about the removal of excavated material from tunnels and stations by rail or water. [HL6228]

The main locations from which excavated material arises are the three bored tunnelling locations (Westbourne Park, Limmo Peninsula and Plumstead) and the eight underground stations across London (Paddington, Bond Street, Tottenham Court Road, Farringdon, Liverpool Street, Whitechapel, Isle of Dogs and Woolwich).

It is currently envisaged that 14 per cent of excavated material will be transported by rail, 39 per cent by water and 47 per cent by road. Further opportunities are being explored to reduce the percentage transported by road while opportunities to transfer from road to other modes so that overall lorry miles are reduced, are also being examined.

Cross London Rail Links has been appointed as nominated undertaker and is required by the Secretary of State for Transport to comply with the controls set out in the environmental minimum requirements (EMRs). The EMRs set out construction strategy objectives and one of these objectives is to remove, where reasonably practicable, excavated material and demolition waste by rail and water transport.

Railways: First Great Western

asked Her Majesty's Government:

What will be the source of the vehicles which First Great Western is to receive for Paddington suburban services. [HL6210]

The Government expect that First Great Western as train operator will lead in the procurement of the additional vehicles, and will therefore be responsible for decisions on their source.

asked Her Majesty's Government:

What consideration they have given to the compatibility and interoperability with the existing First Great Western Paddington suburban fleet of new and transferred vehicles for Paddington suburban services. [HL6211]

Discussions are currently taking place with First Great Western (FGW) regarding the introduction of additional vehicles to increase capacity. Upon successful completion of these discussions, the Government will issue a request for proposal. Operational deliverability will be an important criterion in evaluating the First Great Western proposal.

Railways: West Coast Main Line

asked Her Majesty's Government:

What are the capital and anticipated acceptance costs of the 106 additional vehicles being procured for the West Coast Main Line. [HL6212]

For the manufacture, testing and acceptance of the 106 cars the cost is £81,307,000 plus €231,484,000. This is to be paid to Alstom from Angel Trains and includes both factory and infrastructure testing to ensure the trains can be safely accepted into passenger service.

In turn, Angel Trains converts the purchase price into a monthly rental payable by the train operator. This price includes both financing, currency and interest rate hedging and the management costs of the delivery programme. These costs have been fixed within the signed contract agreement.

Schools: Academies

asked Her Majesty's Government:

What consideration they have given to locating one of the proposed new enterprise academies in the north-east of England. [HL6160]

The national enterprise academy (NEA) is looking to develop its first operational centre (hub) in the south-east, with satellite centres across the other English regions. The south-east hub and a satellite centre in the north-west are both scheduled to open to students in September 2009. In its third year of operation, the academy plans a rapid expansion to the other seven regions in England.

It is not for Government to determine the precise location of national skills academies, but all are expected to have a national reach. National skills academies are employer-led organisations and the boards of each academy will decide how best to meet the needs of employers within each region. This will include whether the region should have a physical centre, virtual or mobile facility.

Trees: Bleeding Canker

asked Her Majesty's Government:

What is the extent of the spread of bleeding canker (Phytopthora cactorum and P. citricola) in horse chestnut trees and other species in the United Kingdom; what is the extent of the threat of that disease to horse chestnut trees and other species; and what action they are taking against that threat. [HL5893]

Infection of horse chestnut trees by both Phytophthora cactorum and P. citricola is relatively uncommon and gives no cause for concern. It has also been recorded on lime. However, in recent years bleeding canker of horse chestnut has been more widely reported throughout the country and this is now known to be caused by a bacterial disease, Pseudomonus syringae pathovar aesculi, not previously recorded in this country.

Bleeding canker can sometimes kill its host, or it can weaken it until it becomes unsafe and needs to be felled. Some trees do show signs of remission, although it is not yet known if this leads to permanent recovery.

The Forestry Commission carried out a survey of 2,629 horse chestnut trees in 2007 to determine the extent and severity of symptoms of the disease. This showed that 49 per cent of all trees assessed displayed symptoms which could be caused by this new disease. A copy of the report has been placed in the Library of the House.

There is currently no known treatment against bleeding canker. The Forestry Commission is now testing whether healthy trees, growing in close proximity to infected specimens, have a degree of genetically inherited resistance which raises the possibility that these trees could form the basis of future generations.

Water Primrose

asked Her Majesty's Government:

Whether they plan to ban the import, sale, growing and introduction into the wild of water primrose (Ludwigia species) in the United Kingdom. [HL5895]

The Wildlife and Countryside Act 1981 makes it illegal to plant or otherwise cause to grow in the wild any plant listed on Schedule 9 to the Act. It also contains the power to ban by order the sale of specified non-native species. In 2007-08 Defra and the Welsh Assembly consulted publicly on proposals which included adding Ludwigia grandiflora and Ludwigia peploides to Schedule 9, and also banning their sale. Consultation responses are currently being considered. There are no powers under the Act to ban importation or growing in a contained environment.

In Scotland, amendments to Schedule 9 and proposals to ban the sale of certain species are being taken forward separately under the Nature Conservation (Scotland) Act 2004. The Scottish Executive recently consulted on proposals to add Ludwigia species (except Ludwigia palustris) to Schedule 9 and banning their sale.

In Northern Ireland, proposals to ban the sale of certain species are being taken forward under a review of the Wildlife (NI) Order 1985. The Department of Environment in Northern Ireland recently consulted on proposals to add Ludwigia species to Schedule 9 to the order. The schedule identifies non-native species which, if established, could impose considerable risk to biodiversity. In that respect they are subject to enhanced control and enforcement measures. There are no powers under the 1985 order to ban the importation or growing in a contained environment.

As stated in the Invasive Non-Native Species Framework Strategy for Great Britain, we plan to identify what further legislative powers may be needed to tackle the issue of invasive non-native species.