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Written Answers

Volume 711: debated on Monday 15 June 2009

Written Answers

Monday 15 June 2009

Airports: Heathrow

Questions

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 1 June (WA 1), what action they propose to take to meet the concerns of the Independent Monitoring Board for Heathrow Airport about meeting reasonable welfare needs and treating detainees with humanity. [HL4093]

To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 1 June (WA 1), what action they propose to take to meet concerns of the Independent Monitoring Board for Heathrow Airport on escorting patterns when men, women and child detainees are brought to the airport. [HL4094]

To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 1 June (WA 1), what action they propose to take to meet concerns of the Independent Monitoring Board for Heathrow Airport on the facilities for personal hygiene in five of the six detention areas. [HL4095]

The UK Border Agency produced an action plan in response to the recommendations of the Independent Monitoring Board's annual report into the holding rooms at Heathrow Airport. The plan was sent to the IMB on 29 May 2009 and a copy has been placed in the House Library.

Alcohol

Question

Asked by

To ask Her Majesty's Government whether there has been a significant reduction in disturbances on the London Underground and London Buses since the alcohol ban was introduced. [HL4062]

British Transport Police have reported that public disorder offences on the London Underground and Docklands Light Rail network fell by 4.5 per cent from 2007-08 to 2008-09. A similar indicator for London Buses does not exist, as the majority of bus incidents are reported directly to Transport for London Bus Control Room; which has seen a reduction in the number of reports of alcohol-related disturbances over the last six months. Reductions flow from a range of initiatives, including more visible policing, in addition to the alcohol ban.

Ambulances

Question

Asked by

To ask Her Majesty's Government whether they regard ambulances operated by the Red Cross or St John Ambulance and other voluntary ambulances as ambulances within the meaning of the Road Traffic Acts. [HL4066]

The Department for Transport cannot interpret the law authoritatively: that is a matter for the courts. However, road traffic law in respect of ambulances generally relates to the vehicle itself; for example, its medical equipment, and how the vehicle is used, rather than to the organisation (whether voluntary or otherwise) operating it. Vehicle excise is an exception to this, as exemption depends on the specific organisation using the vehicle or keeping it on the road.

Civil Service: Performance Pay

Question

Asked by

To ask Her Majesty's Government further to the Written Statement by the Lord President (Baroness Royall of Blaisdon) on 31 March (WS 83–84), what was the estimated size of the Ministry of Defence's non-consolidated performance-related pay pot for the Senior Civil Service in each of the past five years for which information is available. [HL2903]

The Ministry of Defence Senior Civil Service paybill figures for each year since 2005 and the size of the non-consolidated pay pot as a proportion of the paybill are:

2005-06

2006-07

2007-08

2008-09

2009-10

£18.3m

£18.1m

£17.5m

£18.4m

£18.9m

5.0%

6.5%

7.6%

8.6%

8.6%

Crime: DNA Database

Question

Asked by

To ask Her Majesty's Government how many offences of (a) murder, (b) rape, (c) other sexual offences, and (d) other violent offences were committed in (1) 1976–77, (2) 1986–87, (3) 1996–97, and (4) 2006–07; and in how many of those cases (a) convictions were achieved, and (b) DNA was used in securing those convictions. [HL3874]

Information is not available in the form requested as it is not possible to track individual offences through to their court outcome. The police-recorded crime data are based on the number of offences recorded by the police. Convictions data are provided by the Office for Criminal Justice Reform and are based on the number of offenders. These data are counts of persons classified by their principal offence. For these reasons the two datasets are not directly comparable.

Table one provides data on the number of offences recorded by the police. Financial-year data are only available from 1997-98 so calendar-year data have been provided for 1977, 1987 and 1997. Data for homicide offences have been provided as at the time the police record an offence it are not necessarily known whether the offence was a murder or manslaughter.

Table two gives the number of defendants found guilty at all courts for violent offences in England and Wales for the years 1977, 1987, 1997 and 2007. Court data are only available on a calendar-year basis.

No data are collected centrally on the number of convictions resulting from DNA.

Table 1: Number of selected offences recorded by the police, for selected years, England and Wales1

Offence group/offence

19772

19872

19972

2006-073, 5

Violence against the person

82,190

141,042

250,822

1,046,168

of which:

Homicide

482

688

739

759

Sexual Offences4

21,313

25,154

33,090

57,522

of which:

Rape

1,015

2,471

6,628

13,774

Robbery

13,730

32,633

63,072

101,376

Subtotal of offences

117,233

198,829

346,984

1,205,066

1. Recorded crime statistics were published on a calendar-year basis up until 1997 and thereafter on a financial year basis.

2. These data are prior to the introduction of the National Crime Recording Standard. These figures are therefore not directly comparable with those for later years.

3. These data take account of the introduction of the National Crime Recording Standard in April 2002. These figures are therefore not directly comparable with those for earlier years.

4. The Sexual Offences Act 2003, introduced in May 2004, altered the definition and coverage of sexual offences.

5. Includes data for British Transport Police from 2002-03.

Source: Home Office.

Table 2: Number of defendants found guilty at all courts for violent offences1 and selected offences, England and Wales 1977, 1987, 1997 and 20072.1

Offence group/offence

1977

1987

1997

2007

Violence against the person

38,700

47,868

34,562

41,951

of which:

Murder

115

166

275

369

Sexual Offences

6,204

6,231

4,523

5,075

of which:

Rape

313

425

618

873

Robbery

3,229

4,439

5,589

8,829

Total violent offences

48,133

58,538

44,674

55,855

1. Violent offences includes: violence against the person, sexual offences, and robbery.

2. The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

3. Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

Source: Ministry of Justice.

Crime: London

Question

Asked by

To ask Her Majesty's Government how many criminal offences are recorded as having been committed in underpasses in London in (a) 1995, (b) 2000, (c) 2005, (d) 2006, (e) 2007, and (f) 2008. [HL4125]

The information requested is not available centrally. It is not possible to identify offences occurring in underpasses from the recorded crime statistics collected by the Home Office.

Crime: Strict Liability

Question

Asked by

To ask Her Majesty's Government whether since 16 April they have published evidence concerning the creation of a new strict liability offence, as provided for by Clause 13 of the Policing and Crime Bill; if not, why there has been delay; and when they will publish such evidence, in view of the recommendations made by the Joint Committee on Human Rights. [HL4035]

The decision to introduce a criminal offence was taken on the basis of all the evidence considered following a public consultation—Paying the Price, during the development of the Co-ordinated Prostitution Strategy and Tackling the Demand for Prostitution: A Review. Consideration of the merits of taking a criminal justice approach to the demand for prostitution is set out in these published documents. The decision to make the offence one of strict liability was taken following consultation with the police and Crown Prosecution Service.

Cycling

Question

Asked by

To ask Her Majesty's Government whether the Foreign and Commonwealth Office is implementing the Government's cycle-to-work-scheme. [HL4114]

The Foreign and Commonwealth Office is introducing a salary sacrifice scheme to enable staff to purchase bicycles as part of a cycle-to-work-scheme. We hope to implement the scheme by September 2009.

Diplomatic Relations

Question

Asked by

To ask Her Majesty's Government which are the member states of the United Nations where the United Kingdom shares diplomatic relations with another state. [HL3995]

The Foreign and Commonwealth Office has missions in over 200 countries and, in some of these countries, represents the interests of other nations.

The overall number of countries where this is the case will vary according to a number of different factors, such as if a country holds the presidency of a particular organisation, and requests that the UK represents its interests during its presidency.

However, this information is not held centrally, and to provide a comprehensive list of countries where we represent the interests of other nations, or where other nations represent the interests of the UK, would incur disproportionate cost.

Disabled People: Mobility Scooters

Question

Asked by

To ask Her Majesty's Government what assessment they have made of the impact on the outdoor mobility and living standards of disabled ex-service men and women, and other severely disabled people, of reclassifying mobility scooters as vehicles for the transport of persons, rather than carriages for disabled people, and what further action they are taking to have the scooters reclassified. [HL4015]

The Ministry of Defence is not aware of any assessment that has been carried out into the impact on the outdoor mobility living standards of disabled ex-service men and women, and other severely disabled people, of reclassifying mobility scooters as vehicles for the transport of persons, rather than carriages for disabled people. The use of mobility scooters and powered wheelchairs is defined by the Use of Invalid Carriages on Highways Regulations 1988 (Statutory Instrument No 2268) and there are currently no plans for reclassification. The Department for Transport is reviewing how best to balance the needs of mobility scooter users with those of other pedestrians and road users. This includes a review of how to improve advice and information, the issues of insurance and fitness to drive, and registration issues. In the light of the reported growth in their usage, the department will continue to review its policies in these areas.

Embryology

Questions

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Darzi of Denham on 1 June (HL 3769), whether all aspects of the clinical and research roles are separated so that neither the person responsible for a research licence granted by the Human Fertilisation and Embryology Authority nor the nominal licensee would be permitted to give medication or collect eggs from patients undergoing fertility treatment at the same centre. [HL3967]

To ask Her Majesty's Government further to the Written Answer by Lord Darzi of Denham on 1 June (HL 3769), whether inspectors employed by the Human Fertilisation and Embryology Authority check patient case-notes or the patient administration system records at a licensed centre to confirm that the clinician seen on each attendance is not directly engaged in separately licensed research at the same centre with the patient's gametes or embryos. [HL3968]

To ask Her Majesty's Government further to the Written Answer by Lord Darzi of Denham on 1 June (HL 3769), how the Human Fertilisation and Embryology Authority ensures that personnel responsible for laboratory services as part of a patient's fertility treatment are not also directly engaged in research with the same patient's gametes or embryos, in so far as that does not constitute routine clinical tests. [HL3969]

The Human Fertilisation and Embryology Authority (HFEA) has advised that where donated gametes are used for the purpose of research, the authority's code of practice requires the treatment centre to ensure that aspects of the clinical and research roles are separated. When eggs are being donated to research through an egg-sharing agreement, the centre must ensure that the eggs are divided between the egg donor and the recipient, in this case the research project, by someone not directly involved in that project.

The HFEA also advises that it is up to individual centres to decide exactly how they meet these requirements and to ensure that personnel giving medication and carrying out egg collection are qualified and competent to perform such tasks. When centres licensed to carry out research and treatment are inspected, patient records are reviewed to ensure compliance with the Human Fertilisation and Embryology Act 1990, licence conditions and the guidance in the HFEA’s code of practice.

Asked by

To ask Her Majesty's Government further to the Written Answers by Lord Darzi of Denham on 23 March (WA 92) and by Lord Drayson on 19 May (WA 290), what is their assessment of the comments attributed to Professor Sir Ian Wilmut regarding the relative merits of induced pluripotent stem (iPS) cells compared to attempts at getting human embryonic stem cells by cloning, as described in an interview by the French website Gènéthique on 18 May; and which non-reproductive applications would benefit from nuclear transfer that could not be addressed by the use of iPS cells. [HL3970]

The Government believe that it would be premature to conclude that the advent of induced pluripotent stem (iPS) cells has superseded the need for research into deriving embryonic stem cells via cell nuclear replacement.

Whilst iPS cells undoubtedly represent an exciting scientific advance, there are still numerous technical issues around both the derivation and biological properties of iPS cells that must be resolved before proceeding to clinical application. Therefore, it is impossible to predict what the relative contributions of nuclear transfer and iPS cell technology might be to medical need, and so, the Government continue to support all forms of stem cell research.

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Triesman on 29 October 2007 (WA 144) regarding Medical Research Council expenditure, what assessment they have made of comments attributed to Dr Miodrag Stojkovic regarding cheaper treatment for patients who give eggs or embryos to researchers in Newcastle (as reported by the Guardian on 29 October 2004); and what assessment they have made of the subsequent experiences of fertility patients. [HL3971]

The Human Fertilisation and Embryology Authority (HFEA) advises that it has not assessed the comments attributed to Dr Miodrag Stojkovic as reported in the Guardian on 29 October 2004.

Following a public consultation in 2006, the HFEA decided that egg donation, either as non-patient donation or through egg-sharing arrangements, to HFEA-licensed research should be permitted, if considered to be appropriate by a licence committee. Where it is possible to donate through egg-sharing arrangements to either research or treatment, there should be parity in the benefit-in-kind offered so that it is not advantageous to donate to either one or the other.

Energy: Renewables

Question

Asked by

To ask Her Majesty's Government when they will respond to the report published in January by the National Grid, The Potential for Renewable Gas in the United Kingdom. [HL3163]

The Government have discussed the report with National Grid, and officials continue to work with National Grid to refine their analysis. We shall not therefore be issuing a formal response.

Equal Pay: Government Departments

Questions

Asked by

To ask Her Majesty's Government what pay gaps there are in respect of gender, race and disability among employees of the Department of Energy and Climate Change. [HL3382]

Since its creation in October 2008, DECC has continued to use the pay provisions of its parent departments, namely BERR and Defra. For that reason no separate DECC information is available and the information could only be obtained at disproportionate cost.

For information on pay in BERR and Defra please see the published Civil Service Statistics. The details available are:

table 25—median earnings by ethnicity;

table 26—- median earnings by disability; and

table 27—median earnings by gender.

The published tables are available at www.statistics. gov.uk/downloads/theme_labour/CivilService_tables _2008.xls.

Asked by

To ask Her Majesty's Government whether there is a gender pay gap in HM Treasury; if so, what is the percentage difference; and what are the reasons for the difference. [HL3512]

The Treasury does not have a significant gender pay gap when the salaries of men and women doing a similar role are compared.

Mean Salaries as at 1 April 2009 date of the most recent a review

Range/Grade

Women Salary

Men Salary

Female salary as percentage of male salary

B (AO)

19,907

18,997

105

C (EO)

24,117

23,113

104

D (HEO/SEO)

30,286

30,448

99

E (Grades 7 and & 6)

47,106

48,687

97

SCS1 (Grade 5)

63,601

63,748

99

SCS2 (Grade 3)

101,669

94,605

107

SCS3 (Grade 2 and above)

140,737

Asked by

To ask Her Majesty's Government when they will answer Question HL3512 tabled on 7 May about whether there is a gender pay gap in HM Treasury, and, if so, what are the percentage difference and the reasons for the difference; and what is the reason for the delay in answering it. [HL4196]

EU: Discrimination

Question

Asked by

To ask Her Majesty's Government what action they have taken against European Union member states who have allowed discrimination in favour of their nationals in employment. [HL4141]

EU: Historical Analysis

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Malloch-Brown on 2 June (WA 73), whether he or those who advise him have read The Great Deception by Christopher Booker and Richard North; and, if not, whether they will undertake to do so. [HL4087]

Euro

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Myners on 11 May (WA 160), what was the net cost to public funds of the intervention by the Bank of England, acting as agent for HM Treasury, to support the euro in September 2000. [HL3946]

The euros purchased in the intervention were subsequently sold back to the market. There was no cost to public funds associated with this intervention.

European Commission: Minutes of Meetings

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Malloch-Brown on 20 May (WA 321–2), whether the European Commission keeps minutes of all its meetings. [HL3940]

As my noble friend the Minister for Africa, Asia and the UN, Lord Malloch-Brown, stated in his previous Answer, the Commission does not routinely publish minutes of meetings attended by its officials. However, all official meetings of the European Commission (the College) are minuted. These records are available to the public by searching for the document type “minutes” in language “EN” on the Commission's document register at http://ec.europa.eu/transparency/regdoc/recherche.cfm?CL=en.

The Commission's provisions for document management, and which records it keeps (including minutes), are clearly spelt out on its website at http://europa.eu/eur-lex/pri/en/oj/dat/2002/1_021/1_02120020124en00230027.pdf.

As stated in the previous Answer, any document held by the Commission is subject to Regulation 1049/01 on access to documents of the EU institutions.

European Parliament: Members' Allowances

Question

Asked by

To ask Her Majesty's Government whether the daily allowance of €298 available to United Kingdom Members of the European Parliament for attending the European Parliament is taxable; and, if so, whether United Kingdom tax rates are levied. [HL4136]

Following the judgment in the 1981 European Court of Justice judgment in the case of Lord Bruce of Donington v Eric Gordon Aspden, the daily subsistence allowance for Members of the European Parliament (MEPs) is payable without deduction of tax at source. UK MEPs are not required to declare payment of the allowance on their UK tax returns.

Food: Supplements

Questions

Asked by

To ask Her Majesty's Government why no discussions have taken place between officials of the Department of Health and the Directorate General for Enterprise and Industries of the European Commission in relation to the potential impact upon small- and medium-sized enterprises of setting maximum permitted levels for vitamins and minerals in food supplements; and whether they plan to hold such discussions in future. [HL3954]

To ask Her Majesty's Government why no discussions have taken place between Ministers at the Department of Health and the European Commissioner for Health relating to the setting of maximum permitted levels for vitamins and minerals in food supplements. [HL3955]

To ask Her Majesty's Government whether they intend to take further action to encourage the European Commission to ensure that any recommendations it makes for maximum permitted levels for vitamins and minerals in food supplements take into account the impact upon small- and medium-sized retailers and manufacturers; and what is the likely timetable for the process of establishing such levels for nutrients in supplements. [HL3956]

To ask Her Majesty's Government whether the Medicines and Healthcare products Regulatory Agency and the Food Standards Agency have reviewed the implications for free trade in food supplements and herbal remedies of the coming into force of the Mutual Recognition Regulation ((EC) 764/2008). [HL3957]

No discussions have taken place between Department of Health officials and the European Commission Directorate-General for Enterprise and Industry, or Health Ministers and the European Commissioner for Health, on the impact of setting maximum permitted levels for vitamins and minerals in food supplements because no specific levels have yet been proposed by the European Commission, or discussed in Commission-led working group meetings with member states.

Officials of the Food Standards Agency (FSA), the Department for Business, Enterprise and Regulatory Reform and the Department for Environment, Food and Rural Affairs met the Health Food Manufacturers' Association (HFMA) on 25 March 2009 to discuss possible approaches to assessing the potential impact on small- and medium-sized Enterprises (SMEs) of the setting of maximum permitted levels for vitamins and minerals in food supplements. The HFMA is currently working with industry colleagues to assess the potential impact on SMEs against a number of hypothetical scenarios to inform discussions with the European Commission.

A European Commission-sponsored analysis of the economic, social and environmental impact of the policy options for the establishment of maximum levels for vitamins and minerals in food supplements was undertaken in summer 2008. Seven member states were used as case studies, including the United Kingdom. The UK food supplements industry, including organisations representing SMEs, engaged fully in this work and provided relevant data. The European Commission has indicated that this assessment will accompany its proposals on maximum levels when they are issued.

The timing for finalising the proposals on maximum levels for vitamins and minerals in food supplements is uncertain due to European Parliamentary elections during June and European Commission college changes in October. At the last working group meeting with all member states on 4 December 2008, the European Commission advised that draft proposals outlining maximum levels for vitamins and minerals would be discussed at the next full working group meeting, a date for which has not been set.

Regarding Regulation (EC) No 764/2008 on mutual recognition, decisions on whether products should be classified as herbal medicinal products, and on the authorisation of herbal medicinal products, are the subject of harmonisation measures at Community level and so are not subject to the requirements of Mutual Recognition Regulation (EC) No 764/2008. The Medicines and Healthcare products Regulatory Agency does not therefore expect the regulation to have a significant impact on the trade in herbal remedies.

The FSA has advised that measures taken by the authorities of member states pursuant to provisions of food law of general application are explicitly exempted from the requirements of the Mutual Recognition Regulation. These exemptions relate to measures taken under Regulation (EC) No 178/2002 (General Food Law) in relation to risks to health arising from food, and measures taken under Regulation (EC) No 882/2004 (official feed and food controls) in ensuring that food business operators remedy non-compliance with food law.

The European Commission is producing guidance on the application of the Mutual Recognition Regulation to different foodstuffs, including food supplements.

Gurkhas

Question

Asked by

To ask Her Majesty's Government how many Gurkha soldiers left the Army upon completion of their service in each year between 1975 and 1997. [HL4108]

Health: Bisphenol Exposure

Questions

Asked by

To ask Her Majesty's Government what assessment they have made of the health impact of bisphenol A in the manufacturing of plastic bottles. [HL3963]

To ask Her Majesty's Government whether they will consider banning the use of bisphenol A in the manufacturing of (a) babies' feeding bottles, and (b) all plastic bottles containing food or drink. [HL3964]

To ask Her Majesty's Government what assessment they have made of the effect of increased levels of bisphenol A in the growth of children; and what assessment they have made of the potential health dangers that chemical is likely to induce. [HL3965]

The Food Standards Agency (FSA) works closely with the European Food Safety Authority (EFSA) and the European Commission to ensure the safety of food contact products containing bisphenol A (BPA), and to ensure it is kept under review.

The health impact of BPA was assessed by EFSA in 2006 and after a comprehensive review of the scientific data, a tolerable daily intake of 0.05 milligrams per kilogram of body weight was established. This is the amount that can be eaten every day, over a whole lifetime, without causing appreciable harm.

In July and October 2008 EFSA confirmed that this evaluation would also apply to infants and pregnant women. Dietary exposures of age groups from three months to adults have been found to be less than 30 per cent of the tolerable daily intake.

The Government’s policy is to maintain the stricter level for BPA that currently applies in the law governing food contact materials, including baby feeding bottles, which is based on an earlier precautionary tolerable daily intake of 0.01 milligrams per kilogram of bodyweight per day. I am advised that the FSA sees no basis, on the evidence we have, to press for tighter controls on the use of BPA, or for a ban on its use. Limits in place throughout the European Union, which the FSA has played a full part in establishing and maintaining, provide a precautionary margin of safety beyond expert assessment of the scientific evidence.

Health: Contaminated Blood Products

Question

Asked by

To ask Her Majesty's Government when they will respond to the recommendation of the Independent Inquiry on NHS Supplied Contaminated Blood and Blood Products that the Government should review the conditions under which the widow of a patient infected by blood products now becomes eligible for financial assistance. [HL3972]

The Government responded to the recommendations of Lord Archer’s report on 20 May 2009. We have committed to review the Skipton Fund, for those infected with hepatitis C, in 2014.

Payments to widows of those infected with HIV are made at the discretion of the trustees of the MacFarlane and Eileen Trusts.

Health: Haemophilia

Questions

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Darzi of Denham on 14 May (WA 229–30) on the implications for haemophilia patients of a post-mortem having found vCJD in the spleen of one such patient, what was the outcome of the CJD Incidents Panel's consideration of the case and its implications on 20 May; who attended the panel's meeting; and why it was not held nearer to the date of the postmortem. [HL3959]

The Creutzfeldt Jakob disease (CJD) incidents panel, at its meeting on 20 May 2009, reviewed all available information in relation to the postmortem finding of abnormal prion protein associated with variant CID (vCJD) in a sample from the spleen of a haemophiliac.

The panel concluded that there is no evidence to change the current advice to those patients who used United Kingdom sourced pooled plasma products between 1980 and 2001 already notified as being at risk of vCJD for public health purposes, or to notify any new groups of patients.

Letters confirming this conclusion will be sent to UK Haemophilia Centre Doctors with information to pass on to their patients.

The panel meeting was attended by:

Chairman

Mr David Pryer

Lay Chairman

Deputy Chairman

Professor Don Jeffries

Virology

Members

Dr Miles Allison

Gastroenterology

Dr Gerry Bryant

Public Health Medicine

Professor Geoff Craig

Dental Surgery

Dr Pat Hewitt

Blood Safety

Professor James Ironside

TSE Infectivity, Neuropathology

Mrs Diana Kloss

Law

Professor John Lumley

General Surgery

Mrs Caroline Ness

Lay Member

Dr Derek Norfolk

Haematology

Mr Ian Pearce

Ophthalmology

Dr Patrick Radford

Anaesthesiology

Dr Geoff Ridgway

Microbiology

Professor John Saunders

Medical Ethics

Ms Gillian Turner

Patient Support

Dr Hester Ward

Epidemiology

Professor Bob Will

Neurology

Ms Kate Woodhead

Theatre Nursing

Dr Tim Wyatt

Microbiology

Observers

Dr Peter Bennett

HPIH&SD Analytical Team, Department of Health

Mr Stephen Dobra

HPIH&SD Analytical Team, Department of Health

Dr Sara Hayes (from fpm)

National Assembly of Wales

Miss Charlotte Mirrielees

Scientific Secretary, ACDP TSE Working Group

Mr Mark Noterman

Department of Health

Visitors

Prof Frank Hill

UK Haemophilia Centre Doctors' Organisation

Dr Peter Rudge

Neurology

Secretariat

Dr Nicky Connor

Health Protection Agency Centre for Infections

Ms Dominique Brookes

Health Protection Agency Centre for Infections

Ms Helen Janecek

Health Protection Agency Centre for Infections

Dr Elizabeth Rudd

Health Protection Agency Centre for Infections

Dr Akram Zaman

Health Protection Agency Centre for Infections

The meeting was held after all the evidence in this case, including multiple sets of case notes, hospital records and records of blood product usage, had been collected and reviewed and a full risk assessment prepared. Papers about this case are being prepared for publication and the risk assessment will be published on the department's website at dh.gov.uk on 9 June 2009.

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Darzi of Denham on 14 May (WA 229–30), whether it remains the view of the Chief Medical Officer at the Department of Health that any risk to haemophilia patients of contracting vCJD from blood given from donors who subsequently died of vCJD is hypothetical. [HL3960]

There have been no clinical cases of vCJD amongst people with haemophilia who have been treated with United Kingdom-derived pooled plasma products or UK-derived coagulation factors. The view of the department, the chief medical officer and the Health Protection Agency remains that first set out in 2004, that patients who have been treated with UK-sourced pooled factor concentrates and antithrombin between 1980 and 2001 are at increased risk of vCJD for public health purposes.

Asked by

To ask Her Majesty's Government what is their assessment of the statement by Lord Thomas of Gresford on 23 April (Official Report, House of Lords, col. 1613) in the debate on the use of NHS blood products contaminated with HIV and hepatitis C in the treatment of haemophilia patients that if Ministers chose to back-date as necessary the waiving of Crown immunity it would still be possible for actions to be brought by those afflicted or bereaved by the contamination. [HL3961]

Crown immunity did not protect from civil suit, but only from prosecution under the Medicines Act. Some affected persons did bring an action in 1990, which was settled out of court. Affected persons did and do therefore have rights of redress in civil law.

Houses of Parliament: Demonstrations

Questions

Asked by

To ask Her Majesty's Government whether they approved the charging with public-order offences of recent demonstrators in Parliament Square, who sat down in the road, thus causing traffic disruptions and impeding access to Parliament. [HL4021]

The decision to charge individuals with public-order offences or any offences is an operational matter for the police and Crown Prosecution Service who are responsible for investigating and prosecuting alleged criminal offences.

Asked by

To ask Her Majesty's Government whether they will ask the police to delete images, photographic or other, of Members of both Houses of Parliament who visited recent demonstrations in Parliament Square and the surrounding area. [HL4022]

It is a matter for the commissioner of the Metropolitan Police to decide whether images of individuals taken at demonstrations in the force area are retained or deleted.

I understand that Metropolitan Police policy is to manually review photographs of individuals taken at public-order events and they will now retain or dispose of them in accordance with the recent judgment of the Court of Appeal in Woods v Commissioner of Police for the Metropolis [2009] EWCA Civ 414.

Human Rights

Questions

Asked by

To ask Her Majesty's Government whether the registrar and other registry staff working at the European Court of Human Rights are accountable to the judges of the Court or to the secretary general of the Council of Europe for the management of pending cases. [HL4097]

In accordance with Rule 17 of the Rules of Court, in carrying out his responsibilities which include assisting the court in the exercise of its judicial functions, the registrar of the European Court of Human Rights acts under the authority of the president of the court. Staff members of the registry are staff members of the Council of Europe, the court's parent organisation, and are subject to the Council of Europe's staff regulations.

Asked by

To ask Her Majesty's Government by what standards they decide whether to monitor a country's human right abuses; and how often those standards are reconsidered. [HL4140]

Our diplomatic missions overseas report events, activities and other information relevant to our policy goals back to the Foreign and Commonwealth Office (FCO) and to other government departments. This includes information on the human rights and democracy situation in countries.

An important factor in deciding how to deploy our finite resources is the state's own capacity to address human rights concerns, as well as access to regional mechanisms, for example the European Court of Human Rights. The level of monitoring or reporting also depends on the seriousness of the human rights situation as assessed by our diplomats on the ground, FCO and other relevant officials, and their relevance to the Government's policy goals.

Human rights are essential to the delivery of our strategic goals whether in combating the global scourge of terrorism and its causes; preventing conflict and fostering its resolution; promoting a high-growth, low-carbon global economy; or strengthening institutions such as the UN, EU and the Commonwealth. We do not therefore have discrete criteria for monitoring human rights abuses as we do not see human rights and democracy issues as separated from our broader international interests.

Maryam Kallis

Question

Asked by

To ask Her Majesty's Government whether Mrs Maryam Kallis, a British citizen arrested in Damascus on 15 March, and another British citizen who was being held on 8 April, have been charged or released; and, if not, what steps they will take. [HL4121]

Mrs Maryam Kallis and another British national were released from Syrian custody on Sunday 7 June 2009.

NHS: Fertility Treatment

Question

Asked by

To ask Her Majesty's Government further to the Written Answers by Lord Darzi of Denham on 28 February 2008 (WA 135), 3 July 2008 (WA 49) and 20 May (WA 332–3), how they have responded to online petitions by Janine Macallister and Richard Mackenzie regarding geographical variations in provision of fertility treatment for NHS patients; and how they have quantified progress in implementing the February 2004 National Institute for Health and Clinical Excellence guidelines in relation to figures cited in 2008 regarding treatment provision by primary care trusts. [HL3966]

The Government have not responded specifically to these online petitions, but we are aware that primary care trusts are making progress in moving towards full implementation of the National Institute for Health and Clinical Excellence fertility guidelines.

The provision of in vitro fertilisation treatment on the National Health Service has been monitored by a series of surveys. The most recent survey, undertaken by the department earlier this year, is currently being analysed.

Northern Ireland Human Rights Commission

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Baroness Royall of Blaisdon on 13 May (WA 207), what are the numbers of commissioners on the Northern Ireland Human Rights Commission who are Protestants or Catholics; which commissioners have a nationalist or unionist background; with which political parties commissioners had associations before their appointment; whether the figures reflect the community balance in Northern Ireland; and what that balance is estimated to be. [HL3866]

All candidates for membership of the Northern Ireland Human Rights Commission are required to declare community background and political activity.

Five commissioners have declared their background as that of the Catholic community, four have declared their background as that of the Protestant community and one has declared that they do not have a Protestant or Catholic community background.

Seven commissioners have declared political activity on behalf of the Alliance Party, DUP, SDLP, UUP and Northern Ireland Women's Coalition.

Under Section 68(3) of the Northern Ireland Act 1998, the Secretary of State is obliged, when making appointments to the Northern Ireland Human Rights Commission, to secure as far as practicable, that the commissioners as a group are representative of the community in Northern Ireland. The Secretary of State is satisfied that this statutory obligation has been, and continues to be, met.

The most recent official statistics on community background in Northern Ireland can be found in the 2001 Census. These figures show the community balance to be 45.57 per cent Protestant, 40.26 per cent Catholic, 0.3 per cent others and 13.88 per cent non-stated.

Nuclear Plans: Security

Question

Asked by

To ask Her Majesty's Government what are the determining factors that contribute to defining site security at any licensed nuclear facility. [HL3772]

The determining factors that contribute to defining security at a licensed civil nuclear site are: the threat, the consequences of the loss or dispersal of nuclear material, and the UK's international obligations.

Security in the civil nuclear industry is subject to regulation which reflects the international obligations and best practice. The Office for Civil Nuclear Security (OCNS) regulates the civil nuclear industry by means of the Nuclear Industries Security Regulations 2003 (NISR). The NISR requires nuclear licensed sites to have approved site security plans (SSPs). SSPs are protectively marked and they detail the standards, procedures and specific arrangements that must be kept in place to ensure the security of the nuclear premises, nuclear material in whatever category, form or quantity and sensitive nuclear information against the malicious capabilities posed by the Nuclear Industries Malicious Capabilities Planning Assumptions. This document allows a judgment to be made with regard to the malicious capabilities that could be deployed against a licensed site or transporters, and against which security measures should provide protection. It draws on intelligence provided by the national intelligence agencies particularly the Joint Terrorism Analysis Centre of which OCNS is a member.

Operators submit their SSPs to OCNS for approval before they are adopted and thereafter, they become the basis against which they are judged to be compliant with the regulations. Once approved SSPs are regarded as live documents and subject to constant review, scrutiny and amendment as necessary by the operator concerned and by OCNS through regulatory activity.

Security measures in the civil nuclear industry are applied in a graduated manner in accordance with the severity of the threat and the level of consequence of a successful attack in a manner that provides defence in depth. They include physical, electronic, information and personnel security measures.

Older People: Services

Question

Asked by

To ask Her Majesty's Government whether they will establish a directory of organisations which offer services and help to older people. [HL3979]

There are currently no plans to establish such a directory. However, we recognise that the information on services and help available for older people needs to be improved. This will be one of the key issues we are addressing in the forthcoming ageing strategy.

Parole

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Bach on 1 June (WA 52), how many prisoners who consistently maintained their innocence of the crimes for which they were convicted were subsequently released on appeal, in each of the past 25 years. [HL4058]

Information is not collected centrally on the number of appellants who have consistently maintained their innocence. The number of appeals against conviction allowed by the Court of Appeal (Criminal Division) in each year since 1988 is shown in the table below. These are not exclusively custodial cases.

Number of appeals allowed against conviction by the Court of Appeal (Criminal Division) since 1988

Appeals Allowed1

19882

223

1989

211

1990

256

1991

269

1992

299

1993

402

1994

351

1995

253

1996

250

1997

236

1998

290

1999

171

2000

150

2001

135

2002

166

2003

178

2004

240

2005

228

2006

181

2007

196

2008

188

1 The number of appeals allowed includes those where re-trials were ordered.

2 Statistics were not collated centrally prior to 1988.

Pensions

Question

Asked by

To ask Her Majesty's Government how many, and what percentage, of civil servants pay 1.5 per cent of their pensionable earnings towards their pensions; and how many 3.5 per cent. [HL4069]

Details of the percentage employee contributions payable and the approximate split of active membership between the classic, classic plus, premium and nuvos sections of the Principal Civil Service Pension Scheme are contained in Cabinet Office: Civil Superannuation Resource Accounts. Copies of the resource accounts for the years up to and including 2007-08 can be found in the Library.

Public Sector: Contracts

Question

Asked by

To ask Her Majesty's Government how they scrutinise contracted-out public services to ensure that contracts are honoured by successful contractors. [HL4104]

Departments are required to put in place effective arrangements for the management of contracts to help ensure compliance, value for money and the achievement of required benefits.

Railways: Eurostar

Question

Asked by

To ask Her Majesty's Government what criteria they are using to determine how Eurostar UK will be sold; and whether the sale will be conducted under the standard public sector competitive tendering process. [HL4111]

The Government are not engaged in a sale of Eurostar UK Ltd.

The Government continue to examine ways to best further the development of Eurostar in conjunction with our international partners.

Our objectives in doing so are to facilitate the development of international rail passenger services, and to secure the best long-term value of the UK's share in Eurostar in the interests of taxpayer.

Safety Standards

Question

Asked by

To ask Her Majesty's Government what initiatives are in place to promote higher safety standards in the United Kingdom consistent with the rest of Europe. [HL3977]

The United Kingdom already has one of the best occupational safety and health records in the European Union, evidenced by our having the lowest rate of work-related fatal injury amongst member states. The UK implements EU health and safety legislation to ensure workers are properly protected and plays an active role in EU standards setting.

The Government are committed to building on this progress and on the 3 June, the Health and Safety Executive launched a new health and safety strategy for Great Britain, setting out the core principles and sensible approach to health and safety which is needed to maintain safe and healthy workplaces.

Territorial Army

Questions

Asked by

To ask Her Majesty's Government further to the statement by Lord Tunnicliffe on 28 April (Official Report, House of Lords, cols. 120–23) concerning Territorial Army soldiers whose posts are removed, how many soldiers have successfully been reassigned; and how many have ceased serving with the Territorial Army. [HL4089]

Consultation with the trades unions on which posts are likely to be removed as a consequence of the strategic review of reserves and the planning round measures began on 1 June. Formal staff notification of unit closures will be made on 30 September 2009 and no posts will be removed before that date.

Asked by

To ask Her Majesty's Government how many Territorial Army soldiers claim to have been dismissed by their civilian employers, in each year since 2003. [HL4090]

There is no requirement for any member of the Reserve Forces or their employers to inform the Ministry of Defence if they have been dismissed by their civilian employers. Therefore the department does not hold records relating to this.

Asked by

To ask Her Majesty's Government under what circumstances legal and financial support will be made available to Territorial Army soldiers who are involved in litigation over unfair dismissal from civilian employment. [HL4091]

Generally civil legal aid funding is available if the case is within the scope of the scheme and the statutory tests of means and merits are met. Legal aid for representation is not normally available for employment tribunals, although it can be authorised by the Lord Chancellor in exceptional circumstances. This is because employment tribunal procedures have been designed to allow people to prepare and present their own cases. Legal help (the advice and assistance level of legal aid) is available, subject to the means test. This provides advice to clients on tribunal procedures and assists them to prepare case papers and obtain counsel's opinion if appropriate. Legal aid for representation is available for the employment appeal tribunal.

Transport: Free Passes

Questions

Asked by

To ask Her Majesty's Government which border areas of Wales and England have reciprocal public transport free pass arrangements. [HL4059]

The Department for Transport does not keep comprehensive records of enhancements offered by local authorities beyond the statutory minimum of free off-peak bus travel throughout England for older and eligible disabled people. However, the department is aware of the following local authorities in England and Wales which offer free cross-border travel on selected services:

Authority

Cross-border concession offered

Wrexham County Borough Council

Welsh concessionary bus passes will be valid for cross-border journeys into England provided that the journey is unbroken and starts or finishes in Wales.

Wrexham County Borough Council has partnered with the Welsh Assembly Government to introduce free travel on the Welsh section of the Borderlands line, between Wrexham Central, Wrexham General, Gwersyllt and all stations to Hawarden Bridge.

Torfaen County Borough Council

Welsh concessionary bus passes will be valid for cross-border journeys into England provided that the journey is unbroken and starts or finishes in Wales.

Cheshire County Council

English bus passes issued by Cheshire County Council are valid for travel on bus services going into Wales provided the journey starts or finishes in Cheshire; for example concessionaires can travel from Runcorn or Widnes to Wrexham and return. However, if they then continued their journey within Wales they would have to pay full fare.

Herefordshire Council

English bus passes issued by Herefordshire Council are valid for free local bus travel between Herefordshire and places in Wales, provided that each bus journey starts or finishes in Herefordshire, or is between Presteigne and Knighton in Powys.

Forest of Dean District Council

English bus passes issued by Forest of Dean District Council can be used to travel across the border if the bus caught is a service that takes the concessionaire out of England. However, concessionaires will not be able to make any connecting journeys once in Wales using their English pass.

It has been agreed that concessionaires will be able to make a return journey into England from Chepstow and Monmouth.

South Gloucestershire Council

English bus passes issued by South Gloucestershire Council can be used for journeys into Wales, from South Gloucestershire, on the X11 and X14 direct services to Newport and Chepstow. However the bus pass cannot be used for other services once in Wales.

Shropshire

The Shropshire Travel Concession Authorities have a reciprocal agreement with neighbouring Welsh Authorities to allow travel cross-border but only on journeys starting or finishing in the respective areas and to the first major conurbation. This is to enable those living in border areas access to their nearest local services which could be in the neighbouring country.

Asked by

To ask Her Majesty's Government which border areas of Scotland and England have reciprocal public transport free pass arrangements. [HL4060]

The Department for Transport does not keep comprehensive records of enhancements offered by local authorities beyond the statutory minimum of free off-peak bus travel throughout England for older and eligible disabled people. However, the department is aware of the following local authorities in England and Scotland which offer free cross-border travel on selected services:

Authority

Cross-border concession offered

Cumbria border districts

—Allerdale—Copeland

Free travel on local bus journeys starting or ending in Cumbria (may include cross-border journeys)

—Carlisle

Free travel on local bus journeys starting or ending in Carlisle

Northumberland County Council

For journeys across the border into Scotland, the bus operators may charge a fare for the part of the route outside England but the neighbouring Scottish authority may offer a concession for the whole journey.

Transport Scotland

Scottish National Entitlement Card may be used on services to and from Carlisle and on services to and from Berwick-upon-Tweed from anywhere in Scotland. Scottish pass holders are not entitled to free bus travel within Carlisle or Berwick-upon-Tweed.