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Written Answers

Volume 717: debated on Tuesday 9 February 2010

Written Answers

Tuesday 9 February 2010

Afghanistan

Question

Asked by

To ask Her Majesty's Government what steps they are taking to comply with United Nations Security Council Resolution 1325 that urges member states to ensure increased representation of women at all decision-making levels at the London conference on Afghanistan. [HL1518]

At the London conference, the UK worked to ensure that respect for human rights, and in particular for the rights of women, was high on the agenda. We made sure that women's voices were heard at the conference. Foreign and Commonwealth Office Ministers attended a civil society event on 26 January 2010 which offered human rights activists an important opportunity to make statements, ask questions and lobby. Five Afghan women also attended the Prince of Wales’ reception on 27 January 2010, where they used the opportunity to lobby President Karzai, Angela Merkel, Hillary Clinton, Richard Holbrooke as well as the Foreign Ministers of India, New Zealand, Australia, Germany, Norway, Afghanistan, Belgium, France, UK Ministers, and senior North Atlantic Treaty Organization officials. These events were followed by the presentation of a statement by Afghan women to the London conference itself, delivered by Arzo Qanih, one of the civil society representatives and spokesperson for the Afghan Women's Network. A written statement on behalf of Afghan women was also circulated to all conference participants.

Armed Forces: Pilots

Question

Asked by

To ask Her Majesty's Government how many pilots in the Armed Forces flying (a) fast jets, (b) attack helicopters, and (c) transport helicopters, have been removed from flying duty due to failing eyesight in each year since 1999. [HL1791]

This information is not recorded centrally by the three services and could only be provided by conducting a manual search of medical records at disproportionate cost.

Banking Act 2009

Question

Asked by

To ask Her Majesty's Government whether they have prepared a report under section 231 of the Banking Act 2009 for the period ending 30 September 2009; and, if so, when it was laid before Parliament. [HL1704]

It is intended that the report under Section 231 of the Banking Act 2009 for the period ending 30 September 2009 will be laid before Parliament by the end of February.

British Citizenship

Questions

Asked by

To ask Her Majesty's Government what assessment they have made of the impact of the creation of the European Union External Action Service on the promotion of Her Majesty's foreign policy and the provision of assistance and protection to British citizens abroad. [HL1549]

The Declarations accompanying the Treaty of Lisbon state that the treaty’s provisions covering common foreign and security policy will not affect the existing legal basis, responsibilities and powers of each member state in relation to the formulation and conduct of its foreign policy and its national diplomatic service. However, the European Union External Action Service (EEAS) does present us with a real opportunity to improve the coherence and effectiveness of agreed EU action on the world stage and the Government will work with the High Representative towards this end.

Helping British nationals in difficulty overseas is a vital part of the work of the Foreign and Commonwealth Office (FCO). FCO staff work 24 hours a day, all year round to provide high-quality help to the British public around the world. We welcome the support and close co-operation between the EU and member states.

Asked by

To ask Her Majesty's Government whether the British Consulate-General in Hong Kong has approached the Consulate General of Nepal to inform it that in connection with applications for British citizenship, British Nationals (Overseas) with a connection to Hong Kong who were born in Nepal, have a parent who holds Nepalese citizenship or have lived in Nepal at any time for more than five years will be expected to submit personalised letters from the Nepalese authorities stating whether they hold Nepalese citizenship or nationality, whether they previously held Nepalese citizenship or nationality, and the date on which the person ceased to hold Nepalese citizenship or nationality and why; and, if not, whether they will write to the Nepalese Consulate General explaining the requirement for the letters and request it to issue such letters, and place a copy in the Library of the House together with any response received. [HL1644]

The Nepalese authorities regularly issue the letters. There is therefore no need to make representations to the Consulate General of Nepal.

Asked by

To ask Her Majesty's Government whether the British Consulate-General in Hong Kong has approached the Consulate General of Pakistan to inform it that in connection with applications for British citizenship, British Nationals (Overseas) with a connection to Hong Kong who were born in Pakistan, have a parent who holds Pakistani citizenship or have lived in Pakistan at any time for more than five years, will be expected to submit personalised letters from the Pakistani authorities stating whether they hold Pakistani citizenship or nationality, whether they previously held Pakistani citizenship or nationality, and the date on which the person ceased to hold Pakistani citizenship or nationality and why; and, if not, whether they will write to the Pakistani Consulate General explaining the requirement for the letters and request it to issue such letters, and place a copy in the Library of the House together with any response received. [HL1684]

The British Consulate-General in Hong Kong has approached the Pakistani High Commission on this issue. The Pakistani Consul has confirmed they have no objection to issuing these letters. There is no requirement for further correspondence.

Children: Advertising

Question

Asked by

To ask Her Majesty's Government (a) what research and analysis they have conducted, and (b) what research and analysis by other organisations they are aware of, in regard to the effects on children of television product placement of (1) gambling products, (2) alcohol, (3) tobacco, and (4) foods high in fat, salt or sugar. [HL1766]

The Government have not conducted any research or analysis into the effects of television product placement on children. So far as the Government are aware, such independent research as there is on the effects of product placement contains little information about its potential impact on children.

UK television broadcasters are not currently allowed to include product placement in programmes they have made or had had made for them. This has been the position since commercial television began in the UK in the mid-1950s.

In 2008, the Government commissioned Professor David Buckingham to lead an assessment of the impact of the commercial world on children's well-being. That assessment—the report of which was published in December 2009—found that there is little conclusive evidence one way or the other about the impact of commercial messages on children.

Climate Change

Question

Asked by

To ask Her Majesty's Government why table 5.2 on page 138 of the Stern review on the Economics of Climate Change has been erased or altered in archive copies of the report on government websites without an acknowledgement that this has been done or a statement of the reasons for doing it. [HL1658]

The change referred to was a typographical error which appeared in the original ring-bound version of the Stern review. The error did not have any implications for any other parts of the report such as the overall estimate of the cost and risks of climate change. When it was spotted, it was corrected in the electronic version of the report on the HM Treasury website and the subsequent version of the report published by Cambridge University Press. The change was also flagged in the “Frequently Asked Questions” (FAQs) document. This was available online before 9 December 2006, less than six weeks after launch on 30 October 2006. It is currently accessible at http://www.occ.gov.uk/activities/stern_papers/faq.pdf).

In specific terms, on page 139 of the original ring-bound version that was launched in October 2006, table 5.2 lists 1.3 per cent (0.6 per cent) for costs as per cent GDP for hurricanes in the USA. These figures should have been 0.13 per cent (0.06 per cent) as they were obtained from a paper by Nordhaus (2006). This was a typographic error. Indeed the text on page 130 of the ring-bound version in box 5.3 stated the correct figure: “Nordhaus (2006) shows that just a small increase in hurricane intensity (5-10 per cent), which several models predict will occur 2-3°C of warming globally, could alone double costs of storm damage to around 0.13 per cent GDP”.

Connecting Communities

Question

Asked by

To ask Her Majesty's Government what criteria are used to identify neighbourhoods for inclusion in the Connecting Communities programme; and what consultations take place with (a) the local authority or authorities, (b) the local strategic partnership, (c) other local organisations and (d) other local contacts before identifying and announcing a neighbourhood for inclusion in the programme. [HL1599]

Connecting Communities neighbourhoods have been identified by examining a range of data around cohesion, migration, deprivation and crime alongside softer intelligence informed by discussions with local authorities. Where to focus activity was a joint decision between each relevant local authority and central government. Before any announcement, local authorities, in consultation with partners and locally elected representatives, will have drawn up individual plans for each neighbourhood, focusing on giving people a bigger say in local issues, addressing specific local concerns and increasing access to local services and opportunities.

Criminal Justice

Question

Asked by

To ask Her Majesty's Government whether they will introduce legislation enabling United Kingdom criminal courts to give direct effect to judgments of the European Court of Human Rights in cases of miscarriage of justice, having regard to Article 626-1 of the French Code of Criminal Procedure which enables French courts to reconsider criminal convictions. [HL1712]

The Government currently have no plans to introduce such legislation. Any person whose Article 6 rights are the subject of a finding of a violation by the European Court of Human Rights can apply to the Criminal Cases Review Commission for the commission to refer the case to the Court of Appeal or, as appropriate, the Crown Court.

Cybercrime

Question

Asked by

To ask Her Majesty's Government which departments are responsible for their assessment of and response to cyber attacks. [HL1915]

The UK's Government Computer Emergency Response Team (GovCertUK) and Combined Security Incident Response Team (CSIRTUK) provide response and analysis to the public sector and critical infrastructure providers respectively. The Centre for the Protection of National Infrastructure (CPNI) and CESG (the national technical authority for information assurance) also provide advice and guidance on electronic attack/cyber attack to the critical national infrastructure and to government departments. Organisations such as the Ministry of Defence also run their own CERTs (Computer Emergency Response Teams).

The Cyber Security Operations Centre (CSOC) was set up in September 2009 with staff drawn from a range of government and other key stakeholders. It provides a hub for strategic analysis of developments in cyberspace, and improving the co-ordination of the UK's response to cyber incidents. CSOC's work will draw together a broad range of sources to enable a better understanding of the risks and opportunities of cyberspace, ensure information is coherently distributed to government, industry, international partners and the public, and help inform strategic decision-making.

The Office of Cyber Security (OCS) was set up at the same time as CSOC to provide coherence and strategic leadership across the Government's cybersecurity policy interests. This includes horizon scanning to consider impact of an evolving cyber landscape for the UK's cybersecurity, and working with partners across government to identify and implement the appropriate policy responses.

Disabled People: Clay Pigeon Shooting

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Carter of Barnes on 20 October 2008 (WA 76–7), what progress has been made to develop clay pigeon shooting for disabled people. [HL1748]

Sport England is currently in the process of working with the Clay Pigeon Shooting Association to implement the shooting whole sport plan. As part of their whole sport plan a number of interventions have been put in place to improve provision for disabled participants.

Communications

Shooting clubs have chosen six key target populations to focus their work upon to attract new participants to the sport and this includes disability groups. Targeted marketing and opportunities will aim to bring more participants into the sport from under-represented groups.

Club development

Allied to this is a programme of club development through focus clubs that aims to improve standards and access to shooting.

Talent identification

Improvements to the talent identification structure through regional hubs that will support and identify talented shooters and allow them the best chance to progress to higher levels of shooting.

Education: Home Schooling

Question

Asked by

To ask Her Majesty's Government why the Home Access Grant is not available to home-educating families. [HL1569]

In order to be eligible for a Home Access Grant, the learner must have their education funded by an English local authority or the Department for Children, Schools and Families. When a learner is withdrawn from, or is not enrolled in school, the family opts out of receiving the statutory funding towards that learner's education. As such, those who elect to educate their children at home will not be eligible to receive a Home Access Grant. Children who are educated at home for medical reasons, supported by their school or local authority, may be eligible for a Home Access Grant depending on other criteria such as income.

Egypt

Question

Asked by

To ask Her Majesty's Government what assessment they have made of the treatment of Coptic Christians in Egypt; and whether they will make representations to the government of Egypt about recent attacks on Coptic Christians in Egypt as described in the United Kingdom Coptic Association's letter to the Prime Minister on 23 January. [HL1553]

The United Kingdom Government condemn all instances of discrimination and persecution against individuals and groups because of their religion or belief. The protection of human rights, including freedom of religion, is a central component of Egypt’s ongoing dialogue with the European Union. We raised the shooting in Naga Hammadi with the Egyptian Government at a senior level and received assurances of Egypt’s commitment to protecting its Christian population. We welcome the Egyptian Government's pursuit and arrest of the perpetrators of the crime.

Elections

Question

Asked by

To ask Her Majesty's Government what conclusions they have reached about proposals for elections to take place at weekends. [HL1593]

The Government have consulted on the merits of moving election day to the weekend and whether it could be expected to support greater participation. The Government's response to the consultation will be published shortly. The responses reveal that there is a wide range of views on whether weekend voting would have a positive impact on turnout.

Elections: Voting System

Question

Asked by

To ask Her Majesty's Government whether the objective of their proposal to introduce the alternative vote system is to move towards a system of proportional representation. [HL1598]

No. The Government believe that the alternative vote would enhance the legitimacy of MPs and increase the electorate's stake in their representative. However, unlike proportional representation, the alternative vote would retain the link between an MP and a single geographical constituency. The Government believe that this is an essential feature of our democratic system. Ultimately, it would be for the public to decide in a referendum whether the alternative vote system should be introduced.

Equine Infectious Anaemia

Question

Asked by

To ask Her Majesty's Government whether they will introduce a requirement that a negative test result for equine infectious anaemia be produced by importers of horses before the animals are brought into the United Kingdom. [HL1653]

The EU rules on free trade in livestock place responsibility on the “exporting” member state to control diseases on its territory and to certify that any consignments for export to another member state are safe.

In addition and in recognition of the endemic equine infectious anaemia (EIA) situation in Romania, EU legislation requires all horses from Romania to be tested for EIA pre-export.

As a further assurance, the rules allow the importing country to carry out checks for compliance with certification, which can include a blood test, on a proportion of consignments. A requirement to test all imported horses would be a burdensome restriction on trade, would be disproportionate to the risk and would fall foul of EU trade rules.

EU: UK Official Staff

Question

Asked by

To ask Her Majesty's Government what proposals they have to develop the qualifications and languages of United Kingdom officials dealing with European Union business, and of United Kingdom candidates for posts in European Union institutions. [HL1516]

The Foreign and Commonwealth Office (FCO) runs two EU training programmes, in association with the National School for Government. Since April 2007, 440 FCO staff have undertaken the introductory level course, and 170 staff the intermediate level course.

The Department for Business, Innovation and Skills also runs an EU skills academy, training 150 staff since April 2009.

The Government have recently relaunched the European Fast Stream. The scheme will support an intake of 10 fast-stream entrants each year in their preparations for taking the Concours examinations to join the EU institutions. Each European fast streamer will be placed in a position within the Civil Service that will give them experience of working with the EU; will undertake a five-month internship position with one of the EU institutions; and receive language training in either French or German. European fast streamers who are not successful at the Concours will rejoin the regular Civil Service Fast Stream, bringing with them their experience of working with the EU and their improved language skills. The Government are also working to improve networking and information sharing between officials dealing with EU business in all government departments.

European Public Prosecutor

Question

Asked by

To ask Her Majesty's Government whether they will support any proposal for the establishment of a European Public Prosecutor. [HL1865]

Extradition: Gary McKinnon

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 27 January (WA 339), whether, as “where a ministerial decision is in question”, a case concerning issues of national importance such as the economy, public order or the essential services is permitted an exemption to the House's Sub Judice Resolution of 11 May 2000, and reference to the issues or the case may be made in motions, debates or questions, they will reconsider their answer. [HL1765]

In the particular case of Gary McKinnon, the court has granted permission for there to be a judicial review hearing of my right honourable friend the Home Secretary's decision in November 2009 that extradition would not breach human rights.

Notwithstanding the terms of the resolution, it would not be appropriate to hold a debate on the very matters which are to be argued before and decided by the courts.

Foreign and Commonwealth Office

Question

Asked by

To ask Her Majesty's Government what is the role of the Foreign and Commonwealth Office following the implementation of the Lisbon Treaty and the appointment of a High Representative for Foreign Affairs. [HL1552]

There is no material change to the Foreign and Commonwealth Office’s role following the implementation of the Lisbon treaty and the appointment of the High Representative.

Government Departments: Bonuses

Question

Asked by

To ask Her Majesty's Government for each of the past three years for which figures are available, how many people were eligible for performance bonuses and special bonuses in the Home Office and its agencies, by civil service band; how many people received each type of bonus, by civil service band; what the average payment was for each type of bonus, by civil service band; and what the maximum payment was for each type of bonus, by civil service band. [HL5]

An element of the overall pay award for the Home Office and its agencies is allocated to non-consolidated variable pay related to performance.

These payments are used to drive high performance and form part of the pay award for members of staff who demonstrate exceptional performance, for example by exceeding targets set or meeting challenging objectives.

Non-consolidated variable pay awards are funded from within existing pay bill controls and have to be re-earned each year against pre-determined targets and, as such, do not add to future pay bill and pension costs. The percentage of the pay bill set aside for performance-related awards for the Senior Civil Service (SCS) is based on the recommendations of the independent Senior Salaries Review Body.

The attached tables set out how many people were eligible for and received a non-consolidated variable pay award, by Civil Service band, awarded in the Home Office and its agencies for the two most recent years for which information is available. The Identity and Passport Service does not pay individual performance bonuses below grade seven, but each member of staff below the SCS is eligible to receive an equal share of a corporate non-consolidated payment which rewards them for the successful delivery of key organisational objectives and financial targets. In 2007-08 this payment was £449 made to 3,930 members of staff; in 2008-09 it was £450 made to 3,919 members of staff.

Home Office HQ, UKBA, CRB AND IPS

Financial Year 2007-08

Financial Year 2008-09

SCS

Non-SCS

SCS

Non-SCS

Number of staff eligible for non-consolidated performance payment

212

25683

194

22835

Number of staff who received a non-consolidated performance payment

162

7994

133

7889

Average value of non-consolidated performance payment

£9,577

£458.60

£9,952

£523.58

The value of maximum non-consolidated payment

£20,000

£5,000

£22,000

£10,897

Percentage of SCS paybill set aside for non-consolidated performance payments

7.60%

N/A

8.60%

N/A

Government Departments: Consultancy Services

Questions

Asked by

To ask Her Majesty's Government which (a) auditors, and (b) firms providing consultancy and advisory services, have been approved for use by departments and their agencies in each of the past five years for which information is available. [HL1706]

There is no central approval process in Government for (a) auditors or (b) firms providing consultancy and advisory services used by departments and their agencies. Government departments and their agencies are responsible for procuring these services directly from suppliers.

Buying Solutions operates a management consultancy and accounting services framework agreement. Suppliers can bid to be on framework agreements when such contracts are let by Buying Solutions or individual departments. In these cases, as with all public sector contracts, departments and agencies are required to achieve value for money through fair and open competition. Procurers are required to award each contract to the bidder offering the best combination of quality and whole-life costs that meets the users' requirements.

Asked by

To ask Her Majesty's Government what criteria are used to determine whether a firm can be put on the approved list for consultancy and advisory services. [HL1711]

Government do not maintain lists of approved suppliers. Buying Solutions operates a management consultancy and accounting services Framework Agreement. Suppliers can bid to be on framework agreements when such contracts are let by Buying Solutions or individual departments. In these cases, as with all public sector contracts, departments and agencies are required to achieve value for money through fair and open competition. Procurers are required to award each contract to the bidder offering the best combination of quality and whole-life costs that meets the users' requirements.

Government Departments: Muslim Organisations

Question

Asked by

To ask Her Majesty's Government how many meetings the Secretary of State for Communities and Local Government and Ministers in his department have had with Muslim organisations in each of the last three years; and what were the purposes of the meetings. [HL1575]

Ministers have frequent meetings with stakeholders. I am therefore unable to provide the requested information due to the disproportionate cost and time involved in compiling details of all ministerial meetings with Muslim organisations over the past three years. The department also does not categorise engagement with stakeholders in this narrow sense.

Government: Office Equipment

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by the Parliamentary Under-Secretary of State for Communities and Local Government, Barbara Follett, on 9 December 2009 (Official Report, Commons, col. 390W), what was the average purchase price, excluding value added tax, of a 500 sheet ream of white A4 80 gsm photocopier paper paid by the Wales Office in the latest period for which figures are available. [HL1120]

India: Orissa

Questions

Asked by

To ask Her Majesty's Government further to the Written Answer by Baroness Kinnock of Holyhead on 5 January (WA 58), what assessment they have made of the number of convictions resulting from the 3,200 complaints submitted to the police in the aftermath of the 2008 communal violence in Orissa, India. [HL1603]

We cannot confirm the number of convictions resulting from the complaints submitted to the police in the aftermath of the 2008 violence in Orissa. An EU delegation is due to visit Orissa this month and will be discussing the progress made on the conviction of perpetrators with the appropriate Orissa officials and assessing progress in delivering compensation and rebuilding houses.

Asked by

To ask Her Majesty's Government further to the Written Answer by Baroness Kinnock of Holyhead on 5 January (WA 58), what assessment they have made of progress in delivering compensation and rebuilding houses destroyed in the 2008 communal violence in Orissa, India, including reports that victims continue to reside in tents and makeshift shelters. [HL1604]

We cannot confirm the number of convictions resulting from the complaints submitted to the police in the aftermath of the 2008 violence in Orissa. An EU delegation is due to visit Orissa this month and will be discussing the progress made on the conviction of perpetrators with the appropriate Orissa officials and assessing progress in delivering compensation and rebuilding houses.

Asked by

To ask Her Majesty's Government further to the Written Answer by Baroness Kinnock of Holyhead on 5 January (WA 58), what assessment they have made of reports that 100 victims of violence in Orissa, India, were forcibly moved from a town market place in which they were sheltering in advance of a European Union delegation visit to the area. [HL1605]

We are aware of media reports alleging that some victims of the communal violence in 2008 were moved in advance of a planned EU delegation visit to Orissa but we are unable to verify the reports.

India: Religion

Question

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord Brett on 13 January (WA 160), what assessment they have made of the statement by the United Nations Special Rapporteur on Freedom of Religion or Belief in the report of her mission to India, published on 26 January 2009, that anti-conversion laws “raise serious human rights concerns”; and whether they will make representations to the government of India to implement the recommendations made in that report. [HL1557]

The UN Special Rapporteur on Freedom of Religion or Belief’s report was used as a reference document during the most recent EU-India Human Rights Dialogue in February 2009, when the issue of anti-conversion laws in relation to minority rights was discussed with Indian officials. UK officials will continue to participate in the EU-India human rights dialogue on these issues and encourage the relevant Indian authorities to safeguard minority rights, including the right to freedom of religion and belief.

Indonesia

Question

Asked by

To ask Her Majesty's Government whether they have made or intend to make representations to the Government of Indonesia over freedom of speech in that country, and in particular the Law Number 4 of 1963 that permits censorship of books, films, pamphlets and posters. [HL1676]

We have no plans to make representations on freedom of speech to the Government of Indonesia.

Indonesia has a dynamic and relatively free press and remains the only country in south-east Asia classed as “free” by Freedom House.

However, Law Number 4 of 1963 was eroded by the Press Law of 1999, which eliminated its application to newspapers, magazines and serials while leaving untouched its application to other printed materials.

However, the bans have had the net result of pushing up demand for the publications, which are widely available locally.

Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Questions

Asked by

To ask Her Majesty's Government in what circumstances the European Commission will not adopt a screening opinion under regulation 12(2) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL1615]

All applications for an order granting development consent have to be screened by the Infrastructure Planning Commission, unless the person who is seeking development consent under Regulation 6(1)(b) has notified the IPC that an environmental statement will be provided.

In most cases, if an environmental statement is not proposed to be provided, then we expect the IPC will screen applications to determine if they are EIA development.

Asked by

To ask Her Majesty's Government whether the penalty of a fine not exceeding level 3 on the standard scale under regulation 16(7) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) has been set according to an established code; and, if so, what code. [HL1616]

The scale used is the standard scale of fines for summary offences found in the Criminal Justice Act 1982 Section 37.

Asked by

To ask Her Majesty's Government whether description 21 in Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) applies to extensions to existing installations that when complete will bring the total installation capacity above the limits specified in description 17. [HL1617]

An extension to an existing installation would only fall under Schedule 1 if it exceeded the thresholds at description 17 in its own right. The extension may, of course, still fall under Schedule 2.1(e).

Asked by

To ask Her Majesty's Government with reference to description 17 in Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263), how many installations exist with over 85,000 places for broilers or 60,000 places for hens; and how many of them would have had to comply with the Regulations had they been in force when the installations were constructed. [HL1618]

There are 587 installations with over 85,000 places for broilers and with over 60,000 places for hens in England and Wales. Installations constructed after 14 March 1999 would have had to comply with the Town and Country (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI No. 293) Regulations which have the same thresholds as these are a direct requirement of EIA directive 85/337/EEC, as amended.

Asked by

To ask Her Majesty's Government with reference to description 17 in Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263), how many installations exist with over 3,000 places for production pigs or 900 places for sows; and how many of them would have had to comply with the regulations had they been in force when the installations were constructed. [HL1619]

There are 271 installations with over 3,000 places for production pigs or 900 places for sows in England. Installations constructed after 14 March 1999 would have had to comply with the Town and Country (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI No. 293) Regulations. These have the same thresholds as they are a direct requirement of EIA Directive 85/337/EEC, as amended.

Asked by

To ask Her Majesty's Government what definition of livestock will be used under description 1(e) in Schedule 2 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL1620]

The definition of the term livestock is taken directly from Annex II of the EIA Directive, which does not specify particular animal species.

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord McKenzie of Luton on 5 January (WA 59), who else is made aware of a draft modification of a statutory provision under the Infrastructure Planning (Model Provisions) Order 2009 (SI 2009/2265) sent to the Secretary of State; whether it is put into the public domain; and whether the response is publicly available. [HL1630]

The draft modification of a statutory provision would be contained as part of a draft order granting development consent, which must accompany an application to the IPC. As such it would be subject to examination and would be made available to the public in the same way as any of the other documents.

Asked by

To ask Her Majesty's Government whether an application under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) that is adjudged not to fall within the scope of the Planning Act 2008 falls or can proceed through the normal planning permission process. [HL1631]

Yes; any applications that do not meet the relevant threshold should proceed through the relevant consent regime.

Iraq

Question

Asked by

To ask Her Majesty's Government how many Iraqi civilians were killed and wounded following the military action in Iraq in 2003. [HL1511]

The Government have not collated figures for civilian casualties in Iraq. Throughout its military engagement in Iraq, the UK sought at all costs to avoid civilian casualties and took seriously its responsibilities and obligations under the Geneva Conventions.

Ministry of Defence: Pensions

Question

Asked by

To ask Her Majesty's Government what proportion of the Ministry of Defence's budget was spent on pensions in each year from 2005–06 to 2009–10; and what proportion is forecast to be spent on pensions in (a) five, and (b) 10, years' time. [HL1509]

The proportion of the Ministry of Defence (MoD) budget spent on pension contributions and the War Pensions Scheme in each year from 2005-06 to 2008-09 is:

Financial Year

Military Pension Contributions1, 2 £billion

Civilian Pension Contributions1, 3 £ billion

War Pension Payments Payments1 £ billion

Total £ billion

Proportion4

2005-06

1.407

0.345

1.069

2.821

6.9%

2006-07

1.421

0.346

1.039

2.806

6.8%

2007-08

1.462

0.363

1.014

2.839

6.4%

2008-09

1.502

0.344

1.000

2.846

6.2%

Footnotes:

1. Figures taken from MoD Departmental Resource Accounts for the appropriate Financial Year.

2. Military Superannuation Contributions Adjusted for Past Experience (SCAPE). Paid into the Armed Forces Pensions Scheme as a receipt.

3. Civilian SCAPE. Paid into the Principal Civil Service Pension Scheme as a receipt.

4. The calculation of the percentage figures has been based on the sum of the outturn for (a) Departmental Expenditure Limits, including non-cash costs (depreciation, impairments and cost of capital) and (b) War pensions and allowances (Request for Resources 3).

In addition, payments made under the separately funded Armed Forces Pensions Scheme have been as follows:

2005-06—£2.8 billion;

2006-07—£3.0 billion;

2007-08—£3.2 billion; and

2008-09—£3.4 billion.

It is impossible to indicate what proportion of the defence budget is forecast to be spent on pensions. The defence budget is set during planning rounds which only look out over a three-year period (four in a Comprehensive Spending Review). Therefore, it is not possible to determine the pension costs as a proportion of the budget for future years. The next spending review is expected to start this summer for the years after 2010-11.

The forecast pension spend for the Armed Forces Pensions Scheme for 2014-15 is £4.7 billion.

The forecast pension spend for the War Pension Scheme for 2014-15 is £0.944 billion.

It is not possible to provide the forecast pension spend for the Principal Civil Service Pension Scheme for the MoD as, other than the intelligence services, the information is only produced across the whole Civil Service and not broken out by individual employer.

Papal Visit

Question

Asked by

To ask Her Majesty's Government whether the forthcoming visit by the Pope to England is to be a state visit; and what will be the expected cost of it to be borne by public funds. [HL1742]

The forthcoming visit of the Pope to the UK will be a papal visit. As a papal visit it will have status equivalent to a state visit.

The costs of the visit have not yet been determined; as with state visits, certain elements will be borne by public funds.

Pensions

Question

Asked by

To ask Her Majesty's Government when the Armed Forces Pay Review Body will report on their examination of the Armed Forces Pensions Scheme in the context of the quinquennial valuation of that Scheme. [HL1675]

The Armed Forces Pay Review Body last reported on the Armed Forces Pensions Scheme valuation in its 2007 report. Typically it is a quinquennial review and on that basis the next one is scheduled to feature in the 2012 Armed Forces Pay Review Body report.

Prisoners: Foreign Nationals

Question

Asked by

To ask Her Majesty's Government what is the average time served by foreign nationals imprisoned in each of the past five years. [HL1873]

The table below shows the average sentence length and average time served for foreign national prisoners discharged from prisons in England and Wales in the past five years following the completion of a determinate sentence.

2004

2005

2006

2007

2008

Average sentence length in months

Up to and including 6 months

3

3

3

3

3

Over 6 months and less than 12 months

9

9

9

9

9

12 months to less than 4 years

25

23

22

21

21

4 years to less than life

74

75

75

75

78

All sentence lengths

20

17

14

14

14

Average time served including remand in months

Up to and including 6 months

2

2

2

2

2

Over 6 months and less than 12 months

4

4

4

4

4

12 months to less than 4 years

12

11

11

10

10

4 years to less than life

38

38

39

38

37

All sentence lengths

10

9

7

7

7

Data for 2009 are not yet available.

These figures have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing.

Public Finances

Question

Asked by

To ask Her Majesty's Government what guidance they offer civil servants about communicating with members of the public on matters of public policy which the civil servant is responsible for. [HL1696]

All civil servants are required to carry out their duties in accordance with the Civil Service Code which sets out the core values and standards of behaviour expected of civil servants. Copies are available in the Libraries of the House.

Railways: Contracts

Question

Asked by

To ask Her Majesty's Government what assessment they have made of suggestions for gross cost contracts for future rail franchises. [HL1890]

Gross cost contracts would place all revenue risks of passenger train operations with the public sector and would require the Government to be more greatly involved in specification and monitoring of all elements of rail operations, including the setting of fares, timetable development, revenue protection, service quality and marketing activities. We do not believe that government involvement in such an approach would benefit users or franchisees.

The Government believe that the ability of private sector operators to attract more passengers, grow the market, improve the service and receive the revenue benefits of such actions is a key element of the current franchise model and one of the reasons for the significant growth delivered in recent years.

Our discussions with operators have generally supported this view.

Rwanda

Question

Asked by

To ask Her Majesty's Government whether their decision to support the admission of Rwanda to the Commonwealth was debated in either House of Parliament. [HL1868]

Sport: Clubs

Question

Asked by

To ask Her Majesty's Government what discussions they have had with local authorities to promote the Community Amateur Sports Club scheme. [HL1825]

The Government have not had any recent discussions with local authorities about the Community Amateur Sports Club (CASC) scheme. However the Minister for Sport recently visited a number of sports clubs in Sheffield that are CASC registered, coinciding with which DCMS issued a press release promoting the benefits of the CASC scheme and encouraging more clubs to register.

Sufi Muslim Council

Questions

Asked by

To ask Her Majesty's Government how much funding they have given to the Sufi Muslim Council since it was launched in 2006; under which schemes funding has been awarded; and what measures are in place to ensure those funds are used for the purposes for which they were awarded. [HL1609]

I refer my noble friend to the Answers given on:

6 July 2009 (Official Report, col. WA 116);

15 December 2009 (Official Report, col. WA 221); and

16 December 2009 (Official Report, col. WA 254).

Asked by

To ask Her Majesty's Government whether money will be awarded to the Sufi Muslim Council in 2010; if so, for what purpose; and how they will monitor any funds given to ensure they are used for their purpose. [HL1610]

The Department for Communities and Local Government currently has no plans to award funds to the Sufi Muslim Council in 2010.

Syria: Kurds

Questions

Asked by

To ask Her Majesty's Government what assessment they have made of any discrimination experienced by the Kurdish minority in Syria, and whether they possess normal citizenship and language rights. [HL1523]

To ask Her Majesty's Government what representations they have made or will make to the government of Syria about the recent arrests of (a) Hassan Ibrahim Saleh, (b) Mohamed Mustapha, (c) Maroof Mullah Ahmed, and (d) Anwar Nasso, who have called for autonomy for the Kurdish region. [HL1524]

To ask Her Majesty's Government what assessment they have made of whether Kurdish politicians arrested in Syria since December 2002 have been brought before military or security courts, and whether they have had legal representation. [HL1525]

To ask Her Majesty's Government what assessment they have made of the whereabouts and well-being of (a) Dilbireen Osei Hamdeen, a student from Derbasieh arrested on 16 August 2009 in Syria, and (b) Havraz Mohammed Amin Hassan, a student from Qamishli arrested on 14 December 2009; and whether they will make representations to the government of Syria on those cases. [HL1526]

We are concerned about human rights in Syria. My right honourable friend the Foreign Secretary has raised human rights when he has met Syrian Foreign Minister Muallem. My honourable friend the Minister of State at the Foreign Office, Mr Lewis, reiterated in a Westminster Hall debate on 24 June 2009 that Kurdish rights were still not legitimised within the Syrian constitution. We have highlighted our concerns about the general situation of Kurds in Syria in our 2008 annual human rights report.

My officials in Damascus have regular contact with Kurdish human rights defenders and monitor the situation closely, including the rights to citizenship and language rights. They have been following the cases of Hassan Ibrahim Saleh, Mohamed Mustapha, Maroof Mullah Ahmed, Anwar Nasso, Dilbireen Osei Hamdeen and Havraz Mohammed Amin Hassan. We have not raised their cases specifically—among the many hundreds of political prisoners in Syria—but with the EU are focusing our lobbying on a small number of high-profile individuals (such as the prominent human rights lawyer Haitham al Maleh).

The criminal justice system in Syria is in need of reform and, where possible, we have sought to push this process forward. Unfortunately, it is common for detainees to be denied access to legal representation for some time while in custody. Of particular concern is the Supreme State Security Court, a special court that exists outside the ordinary criminal justice system to prosecute those perceived as challenging the Government. This court is exempt from the rules of criminal procedure that apply in Syria’s criminal courts. Defence lawyers usually see their clients for the first time on the day of the trial and the court denies them the opportunity to engage in oral defence or call on witnesses. Most trials consist of four short sessions, often less than 30 minutes each. Defendants have no right to appeal their verdict to a higher tribunal.

Asked by

To ask Her Majesty's Government what assessment they have made of whether (a) Mr Fasih Yasamani from Khoy was hanged on 7 January, (b) Mr Ehsan Fatahiyou was executed on 11 November 2009, and (c) 17 other political prisoners of Kurdish origin are awaiting execution, in Syria; and whether they will make representations for clemency to the government of Syria. [HL1527]

Reports unfortunately confirm that Ehsan Fattahian was executed on 11 November 2009, and that Fasih Yasamani was executed on 6 January 2010. Both executions happened in Iran. We are also aware of a number of other Kurds in Iran with pending death sentences who are facing imminent execution.

On 20 November 2009, the EU presidency summoned the Iranian ambassador in Stockholm to condemn a spate of executions, including Mr Fattahian’s, and plead for clemency in the case of 13 others, all of Kurdish origin, facing the same fate. The presidency noted there was credible information to suggest that the sentences appeared to be politically motivated. On 20 January 2010, my honourable friend Ivan Lewis raised the cases directly with the Iranian ambassador, expressing concern at reports that they faced imminent execution. Mr Lewis reiterated our long-held concerns about the trials not meeting international standards, and urged the Iranian Government to show clemency.

These executions undermine Iran’s claimed commitment to justice, human rights and democratic values. Our long-standing opposition to capital punishment under all circumstances is clear; we raise these concerns with the Iranian authorities bilaterally and through the EU at every appropriate opportunity. We did so on over 70 separate occasions last year, and will continue to do so.

Taxation: Avoidance

Questions

Asked by

To ask Her Majesty's Government what budget has been allocated to HM Revenue and Customs for 2009–10, 2010–11 and 2011–12 to provide resources to investigate and eliminate (a) tax evasion, and (b) tax avoidance. [HL1754]

HM Revenue and Customs (HMRC) allocates all resources on the basis of identified risk. HMRC staff cover the full range of risk-based compliance work. It is therefore not possible to provide a breakdown of the budget allocation in the manner requested.

Asked by

To ask Her Majesty's Government what plans they have to minimise avoidance of new taxation measures being introduced. [HL1815]

The Government are committed to ensuring that new legislation minimises the opportunities for avoidance. All new measures are scrutinised by tax avoidance experts as part of the policy development process to ensure they are well targeted and effective. Consultation, where it is possible, also helps identify potential weaknesses in draft legislation. In the longer term the Government are committed to making further improvements to the robustness of the tax framework by developing principles-based or thematic approaches to legislation.

The Government will continue to use intelligence obtained from the Disclosure of Tax Avoidance Schemes regime and other sources to keep track of new developments in the avoidance market and where necessary will act swiftly to close down abusive schemes.

Taxation: Capital Gains Tax

Questions

Asked by

To ask Her Majesty's Government what would be (a) the revenue implications, and (b) the additional number of people who would pay tax, if the capital gains tax threshold were reduced to (1) £1,000, (2) £2,500 and (3) £5,000 for individuals and trustees in 2009–10, 2010–11 and 2011–12. [HL1357]

To ask Her Majesty's Government what would be the revenue implications of applying capital gains tax at the marginal rate of income tax in 2009–10, 2010–11 and 2011–12. [HL1358]

To ask Her Majesty's Government what would be (a) the revenue implications, and (b) the additional number of people who would pay tax, if the capital gains tax threshold were reduced to (1) £1,000, (2) £2,500 and (3) £5,000 for individuals and trustees and capital gains were charged at the marginal rate of income tax in 2009–10, 2010–11 and 2011–12. [HL1359]

HMRC holds limited data on the number of individuals and trustees using all or part of their annual exempt amount (AEA) and therefore it is currently not possible to estimate the revenue implications from the proposed reductions to the AEA.

Due to the difficulties of assessing the large behavioural responses which would result from a change of this kind, a reliable estimate of the revenue implications of applying capital gains tax at the marginal rate of income tax can be determined only at disproportionate cost.

Taxation: Havens

Questions

Asked by

To ask Her Majesty's Government whether HM Revenue and Customs has seen an increase in offshore deposits in African tax havens since the start of the economic downturn. [HL1734]

To ask Her Majesty's Government which departments monitor the development of countries in Africa as tax havens; and what role each department has. [HL1795]

To ask Her Majesty's Government what measures they have in place regarding the development of countries in Africa as tax havens. [HL1796]

To ask Her Majesty's Government what assessment they have made of the growth of Somalia as a tax haven. [HL1797]

To ask Her Majesty's Government what assessment they have made of any risk that increased scrutiny of, and sanctions against, known tax havens will result in the growth of untraceable, hidden havens in lawless or ungoverned territories. [HL1798]

To ask Her Majesty's Government what steps they have taken to track the growth in new tax havens. [HL1799]

HM Treasury, HM Revenue and Customs and the Department for International Development work with a number of multilateral institutions including the Organisation for Economic Co-operation and Development and International Monetary Fund which monitor the use of tax avoidance and tax shelters across a wide range of countries including those in Africa. Action to address tax havens is currently under discussion at a number of international working groups. HMRC is not aware of an increase in offshore deposits in African tax havens since the economic downturn and has seen no evidence of Somalia developing as a tax haven used by UK residents.

Terrorism

Questions

Asked by

To ask Her Majesty's Government what is the average time served by foreign nationals imprisoned for terrorist offences since 2001. [HL737]

To ask Her Majesty's Government how many foreign nationals imprisoned for terrorist offences since 2001 have been (a) released, and (b) deported. [HL738]

Data on all foreign nationals imprisoned for terrorist offences since 2001 could only be answered by breaching cost limits.

However, information on terrorist arrests and outcomes and stops and searches is published in the following Home Office statistical bulletins:

http://www.homeoffice.gov.uk/rds/pdfs09/hosb0409.pdf; and

http://www.homeoffice.gov.uk/rds/pdfs09/hosb1809.pdf.

Transport: Tax Incentives

Question

Asked by

To ask Her Majesty's Government what incentives are currently available through the income tax system to encourage those going to work to travel by (a) bus, and (b) rail. [HL1764]

There are two incentives available specifically for bus travel to work. The first exempts an employee from tax and national insurance contributions (NICs) on the benefit of an employer-provided work bus service, subject to certain conditions. There is a second exemption from tax and NICs where an employee benefits from an employer giving a subsidy or other support to a bus service provider to introduce, continue or improve a local public bus route. This exemption is subject to certain other conditions and does not apply where a subsidy is provided for local bus services generally.

There are no specific incentives for rail travel to work. However, an employer can provide an interest-free loan, or a loan with a rate of interest below normal commercial rates, to an employee. Subject to certain conditions about the amount of the loan, the interest foregone on the loan is not treated as a taxable benefit. This loan may used to assist the employee in the purchase of a season ticket for public transport by bus or rail but is not confined to this purpose.