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Written Answers

Volume 437: debated on Tuesday 21 December 1982

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Written Answers

Council Meetings: Disturbances

asked Her Majesty's Government:Whether the Home Secretary will secure a report from the Commissioner of Police for the Metropolis, under the Police Act 1964, on disturbances between councillors at council and committee meetings of the London boroughs of Lambeth and Southwark; and what action it is proposed should be taken in consequence.

My right honourable friend the Home Secretary understands from the commissioner that he knows of no such disturbance at such meetings of the London borough of Lambeth. The commissioner has reported that at about 7 p.m. on 1st December this year two of his officers visited Southwark Town Hall and interviewed a councillor who alleged that about twenty minutes earlier he had been punched on the head by another councillor when he had attempted to intervene in a struggle between that councillor and a man whom that councillor had forced from a meeting. The officers entered the meeting room wishing to interview the alleged assailant. Their entry was challenged by members of the meeting, and the councillor concerned refused to leave it to speak to the officers. The officers had no authority to remain, since there was no reason to believe that a breach of the peace or criminal offence was being or was about to be committed; but they advised the councillor who had called them of his right to issue a private summons for common assault against his alleged assailant.

Cruelty To Animals: Prosecutions

asked Her Majesty's Government:Whether the police are now in a position to undertake fully their responsibilities for prosecution for offences of cruelty to animals and so relieve voluntary societies of the burden and expense of acting as a substitute police force.

It is for chief officers of police to determine what priority they afford to the enforcement of particular areas of the law.

The Home Office: Delays In Correspondence

asked Her Majesty's Government:What is the cause of the delay in replying to letters sent to the Home Office by Mr. Give Holland, 10 Queensferry Street, Edinburgh on 22nd March 1982 (on procedures required in the diagnosis on rabies and the listing of rabies vaccine); on 27th April (regarding reports on experiments on sheep at CDE Porton Down on high velocity weapons); and on 6th May 1982 (regarding research with myxomatosis to which an incomplete reply was received and a further inquiry on 5th August ignored); and when replies will be sent.

It is regretted that through an oversight, replies were not sent earlier to this correspondence. A reply has now been sent:

Ordnance Survey: Trading Fund

asked Her Majesty's Government:Whether they will make a statement about the consultations concerning the proposals for financing Ordnance Survey by a Trading Fund.

The Parliamentary Under-Secretary of State, Department of the Environment
(Lord Bellwin)

The report on consultations has been laid before Parliament today. The consultations were carried out mainly through the Ordnance Survey consultative machinery; they were far-reaching and produced a very full response. They clearly showed the wide-ranging interest in the Ordnance Survey and the high regard in which its work is held. While appreciating the concerns which were expressed, my right honourable friend is satisfied that they can be met within a trading fund system. My right honourable friend has concluded that the Ordnance Survey would have a secure future as a trading fund, combining a high standard of service to customers with efficiency and value for money in the use of public resources.

The Aviation Security Fund

asked Her Majesty's Government:How it is proposed to wind up the Aviation Security Fund.

In response to a Question from the noble Baroness on 29th July, I said that the Aviation Security Fund would be wound up with effect from 31st March, 1983, and I promised that detailed arrangements would be announced later. I am now ready to announce these arrangements.It is important that the fund should not be in deficit on winding up, and that the process of winding up be completed expeditiously. To this end, it is proposed to proceed as follows:—

  • (a) The winding up of the fund will be given effect by an order under Section36(l) of the Aviation Security Act 1982, which I shall lay before Parliament after the Christmas Recess; that order will, from 1st April 1983, suspend the obligation on aerodrome managers to pay contributions to the fund; and it will provide for the return to contributors of a share (determined in accordance with the statute) of the net assets standing to the credit of the fund on completion of the winding up.
  • (b) The department will only consider for reimbursement from the fund claims that it receives by 31st May 1983 and that relate to expenditure incurred on or before 31st March 1983.
  • (c) To ensure that the fund does not end up in deficit, the department will initially withold payment of 10 per cent. of all claims for reimbursement of expenditure incurred in the period 1st January to 31st March 1983 (with the exception of expenditure on detection equipment, which will continue to be reimbursed in full). The withheld proportion of claims will be reimbursed before the winding up of the fund is completed provided that there is sufficient money left in the fund.
  • (d) The department aims to return any surplus remaining in the fund to airport managers and to complete the winding up during the autumn of 1983.
  • I propose to waive any interest I may have in the ownership and disposal of assets purchased with monies reimbursed by the fund with effect from 1st April 1983.

    Airlines: Financial Failure And Passenger Protection

    asked Her Majesty's Government:What conclusions have been reached following the review of protection for scheduled airline passengers in the event of the financial failure of airlines.

    Following my department's consultations with the travel, air transport and insurance industries and with the Air Transport Users Committee regarding protection for scheduled airline passengers, I have decided that there is no justification for imposing mandatory levies or insurance schemes on either the airlines or their passengers. Individual insurance policies are now available which provide protection for passengers against the financial failure of airlines. Those intending to travel by air may well wish to protect themselves in this way.

    Food And Drugs Acts: Imprisonment Offences

    asked Her Majesty's Government:Which offences are imprisonable under the Food and Drugs Acts.

    The offences under the Food and Drugs Act 1955 for which an offender is liable to imprisonment are those created by Sections 1(4), 2(1), 5(3), 6(1) and (2), 8(1) and (2), 12(1), 14(3), 16(2), 24(3), 31(3), 32(5), 36(3), 37(5), 38(4), 43(1), 47(5), 100(5) and 104(3), the proviso to Section 105(1) and Section 116(1) and (2). The maximum term of imprisonment that can be imposed is three months, except that, in the case of the offence under Section 5(3), the maximum term is two years if the offence is tried on indictment. All the other offences are at present triable only summarily.As from 1st January 1983 the Food and Drugs (Amendment) Act 1982 will amend the Food and Drugs Act 1955 so as to make most offences under the 1955 Act triable either summarily or on indictment. Except in two cases an offender will then be liable to imprisonment only if convicted on indictment. The two exceptions relate to the offences under Sections 5(3) and 100(5). A person convicted summarily of an offence under Section 5(3) will remain liable to imprisonment for up to three months; the offence under Section 100(5) will continue to be triable only summarily, and an offender will remain liable to imprisonment for up to three months. The offence under the proviso to Section 105(1) will continue to be triable only summarily and a person convicted of the offence will no longer be liable to imprisonment.All offences under the Food and Drugs (Scotland) Act 1956 are triable either summarily or on indictment and in both cases a person convicted is liable to imprisonment. The maximum term is six months on summary conviction and 12 months on conviction on indictment. All offences under the Food and Drugs Act (Northern Ireland) 1958 are triable summarily and an offender is liable to a term of imprisonment not exceeding three months.

    Scottish Law Commission Recommendations

    asked Her Majesty's Government:What plans they have to give effect to the recommendations contained in the 64th Report of the Scottish Law Commission, notably the repeal of Section 5 of the Damages (Scotland) Act 1976 and its replacement by procedural rules designed to avoid a multiplicity of actions of damages and to reduce the duty of the pursuer to trace and serve notice of action upon possible claimants.

    I am glad to say that, following the Scottish Law Commission's recommendation in its Report No. 64, a provision repealing Section 5 of the Damages (Scotland) Act 1976 was included in Schedule 9 to the Administration of Justice Act 1982. The repeal will come into effect on such day as my right honourable friend the Secretary of State may by order appoint.Our intention is that the repeal of Section 5 should not be effected until it can be replaced by rules of court made in the light of the Scottish Law Commission's Report. I understand that the Court of Session Rules Council and the Sheriff Court Rules Council will shortly be considering what rules would be appropriate.

    Broadcasting Reception: Africa

    asked Her Majesty's Government:Whether they are aware that the reception of BBC broadcasts in Kenya is very variable and generally less good than that of transmissions from other countries; whether they will take steps through the BBC to improve this, in view of the importance of Kenya both to this country and to its neighbours in East Africa; whether there are plans for a "booster" station in the Seychelles which would greatly improve reception and, if so, when such improvement may be expected.

    The capital programme agreed with the BBC last year provides for a relay station to improve audibility in East and Southern Africa and the Horn. Construction is planned to take place between 1985 and 1988. We are in close contact with the BBC about possible sites and the Seychelles is one of them.

    Commercial Property Service Charges

    asked Her Majesty's Government:What steps they are taking to deal with the escalation of service charges on commercial properties which are driving small companies out of London and in some cases leading to their liquidation.

    The Government have no power to control the level of service charges on commercial properties. We consider that these charges are best left to be determined under the terms of the lease or tenancy agreement.

    Palestine And The Plo

    asked Her Majesty's Government:Whether it remains their view that the Palestine Liberation Organisation should be associated with negotiations for a peaceful settlement in Palestine; and which specific terrorist acts committed within the past three years they attribute to the organisation.

    On the first point, yes. Our policy on the association of the Palestine Liberation Organisation with negotiations remains as set out in the Venice Declaration. We consider that the Palestine Liberation Organisation have in recent years moved towards accepting that their objectives can best be furthered by negotiation, but there is still need for clarity. The attribution of responsibility for terrorist attacks is often difficult, but we have left no one in any doubt of the strength of our stand against terrorism whoever is responsible for it.

    Latin America: Compliance With Nuclear Weapons Treaty

    asked Her Majesty's Government:Whether they have at any time been in breach of their obligations under the Treaty for the Prohibition of Nuclear Weapons in Latin America.

    I can assure the noble Lord that the Government have at all times complied, and continue to comply, with their obligation not to introduce nuclear weapons into the territory or territorial waters for which it is internationally responsible within the Treaty's zone of application.

    Barnacle Geese On Islay

    asked Her Majesty's Government:Whether the licences issued by the Department of Agriculture and Fisheries for Scotland for the control of barnacle geese on Islay are restricted to certain types of farmland, whether the department is advising those farmers and tenants who may be affected by barnacle goose damage on methods of scaring the birds away, whether such scaring techniques are being employed on Islay, and whether the department will encourage the establishment on Islay of sanctuary or alternative feeding areas which have been successful on reducing brent goose damage on the south of England.

    The Department of Agriculture and Fisheries for Scotland issues licences to permit the killing of barnacle geese on Islay for the purpose of preventing serious damage to agricultural crops, including grass. These licences are restricted to particular named farms where it is thought likely that damage may occur but, although particular types of farmland within the farm are not specified in licences, action under licence is limited to situations where agricultural crops are at risk. The department gives advice to farmers about alternative methods of scaring geese. Scaring techniques have been tried in Islay but any realistic methods have proved to be of limited efficacy and hence their present application is limited. The department will give every help and encouragement to both the Nature Conservancy Council and to farmers to negotiate management agreements under Part II of the Wildlife and Countryside Act 1981: such agreements seem the most likely way of establishing the sort of undisturbed feeding areas which the noble Lord has in mind.

    asked Her Majesty's Government:Whether they will confirm that on 25th October 1982 a barnacle goose was shot on Islay although no licence to allow the control of barnacle geese had been issued to the landowner or farmer concerned by that date, and what action is being taken by the police to prosecute those involved in this incident.

    I cannot give such confirmation, although I understand that an alleged incident on or about that date involving a barnacle goose on Islay was reported to the police. If investigation of an incident by the police shows that an offence may have been committed, the decision whether or not to prosecute lies with the procurator fiscal.

    asked Her Majesty's Government:How many licences to allow the control of barnacle geese on Islay have been issued by the Department of Agriculture and Fisheries for Scotland so far this year, whether these licences are for named individuals, and whether they may be transferred to visitors, including foreign nationals, and if so for what purpose.

    Thirteen licences have so far been issued to named owners or occupiers of agricultural land on Islay to permit them to prevent serious damage to agricultural crops. The named licensee may authorise three other persons, or if he does not himself shoot under the licence, four other persons; the subsidiary licence authorising such persons requires the name and address of the authorised person to be shown and may be transferred from one person to another by the named licensee from time to time. His or her nationality is not considered to be relevant. The purpose of all main and subsidiary licences is to permit the killing of barnacle geese in order to prevent serious damage to agriculture as provided for in Section 16(l)(k) of Part I of the Wildlife and Countryside Act 1981.

    asked Her Majesty's Government:When the Department of Agriculture and Fisheries for Scotland will make a full report to the EEC detailing the licences issued this year for killing barnacle geese as required by Directive 79/409, and whether they will say how many licencees are landowners, farmers and tenants on Islay, how many have a permanent address in Scotland outside Islay and how many have a permanent address in England, and whether this information will be recorded in the report to the EEC.

    The Government will make a report annually to the EC Commission as required by Directive 79/409. The form and content of such reports are matters for the Commission.

    Scottish Freshwater Systems: Effects Of Acidification And Afforestation

    asked Her Majesty's Government:What research is currently being undertaken into the effects of acid rain and afforestation on Scottish salmon rivers and whether such research demonstrates the view, widely held by district fishery boards and fishery managers, that many important spawning areas throughout Scotland have been rendered sterile by these factors.

    Studies of the effect of acidification and afforestation on Scottish freshwater systems are being carried out by scientists of my department, in consultation with the Forestry Commission. The major Scottish salmon rivers lie in Eastern Scotland where the underlying geology is such that a major impact by acid rain is less likely. Nevertheless, I am concerned that there is some evidence of surface water acidification in the area of headwater streams in the Dee and Spey catchment areas. It is recognised that salmonid fish are vulnerable to high concentrations of acidity and aluminium, particularly at the hatching and fry stages, and waters which frequently or continually have high acid levels are unlikely to support self-generating fish populations.My department's studies will be continued but, as most countries in the northern hemisphere are now subjected to acid precipitation, resulting primarily from industrial emissions, a long-term solution could only be provided by worldwide action.

    Scotland: Cost Of Criminal Legal Aid

    asked Her Majesty's Government:What has been the cost to the Exchequer of criminal legal aid in Scotland in the years 1963–64, 1964–65, 1965–66 and 1981–82.

    Criminal legal aid was introduced in Scotland on 19th October 1964. Total payments for the relevant years were:

    1964–65£0·04m
    1965–66£0·24m
    1981–82£ll·65m

    Seal Products: Import Ban

    asked Her Majesty's Government:Whether they will support the European Commission and the European Parliament in their vote to ban the import of baby seal products into this country.

    My honourable friend the Parliamentary Under-Secretary of State, the Member for Pudsey, led the United Kingdom delegation at the meeting of EC Council of Environment Ministers on 17th December, at which the principal item discussed, as on 3rd December, was a range of proposals from the Commission and the Presidency relating to the import into the Community of the products of harp and hooded seal pups (whitecoats and bluebacks).We are glad to report that, after prolonged and difficult discussions, the Council reached unanimous agreement on a wide-ranging resolution which will close the main market for these products before the next cull. Member states have undertaken to adopt all measures necessary to prevent such imports. The Commission has been instructed to undertake a comprehensive examination of all aspects of the cull and to explore proposals put forward by Canada for the international management of Atlantic seals. The Council will review the justification for further Community action by 1 st March next year in the light of progress made by the Commission.As was reported by my honourable friend the Parliamentary Under-Secretary of State on 7th December in another place, so far as the United Kingdom is concerned, agreement has already been reached with the British Fur Trade Federation on effective controls from 1st March 1983. These will be monitored by the Government. In addition, you will be aware that from 1st January 1981, all seal skin products sold in this country have had to be marked as such, thus allowing consumers to make their own choice about the purchase of these products.My honourable friend is satisfied that these measures by the Community should meet concern expressed both in Parliament and by the public that action be taken to prevent trade while doubts remain about the humanity and consequences of the cull. I understand that the Community market accounts for over 90 per cent. of the world market in these products and the decisions taken on Friday will virtually bring this trade to a halt.

    Hazardous Waste Inspectorate

    asked Her Majesty's Government:What conclusions have been reached on the, location of the Hazardous Waste Inspectorate and whether they will make a further statement on any other outstanding recommendations of the Select Committee on Science and Technology's Report on Hazardous Waste disposal.

    The Government have now completed their consideration of the location of the hazardous waste inspectorate and I am able to announce that because of the very significant role it will play with regard to the environmental waste management responsibilities of local authorities it is to be established in the Department of the Environment and the Scottish Development Department. There will be close liaison with the Health and Safety Executive. The inspectorate's prime function will be to advise local authorities on their duties to control hazardous waste management. However, the nature of the activity means that in practice advice will also be given on aspects of non-hazardous waste management. (Radioactive waste will continue to be covered by the Radiochemical Inspectorate.) The inspectorate will start its work as soon as the necessary arrangements have been made.My right honourable friend the Secretary of State for Scotland has completed his consideration of the two recommendations which have particular application to Scotland—Recommendation 24 that all waste disposal authorities in Scotland should be formally grouped into a waste disposal region and Recommendation 25 that waste disposal responsibilities should be transferred from district councils to regional councils. The Government's conclusion is that the aims of these recommendations can be met without the need for a formal reallocation of responsibilities. Extensive consultation has shown that there is little desire for and indeed considerable opposition on the part of local authorities to any transfer of waste disposal to regional councils in Scotland. In consequence, the Government's view is that the aims of the proposal for a single waste disposal region for Scotland—co-ordination of waste disposal plans and the provision of facilities and to provide technical services—can be achieved by non-statutory groupings of authorities building on existing arrangements, and such groupings are now being encouraged by the Convention of Scottish Local Authorities.Recommendation 25 also relates to Wales. The Welsh Office have recently issued a consultation paper setting out four options for changing the administration of waste disposal in Wales. Interested organisations and individuals have been asked to submit comments by 31st December 1982.Progress has been made on a number of other recommendations. Following discussions with major interests in England, the Government are embarking on arrangements for a stronger and more comprehensive consideration of the issues associated with planning for hazardous waste at a regional level: (Recommendations 23 and 24). All the interests consulted have supported proposals to build on the wide network of existing liaison groups involving the waste disposal authorities, industry and waste disposal contractors. The aim will be to ensure any gaps in geographical coverage are filled and that all parties are able to participate in the consideration of inter- and intra-regional issues. These include the preparation and review of waste disposal plans, the provision of scientific services and a local authorities' waste advisory role (Recommendations 3, 11, 24 and 31). The arrangements will broadly follow the standard economic regions and will make full use of existing liaison groups. The department's regional offices will seek to give as much assistance as they can on particular issues and the general question of ensuring proper coverage and the opportunity for full participation.The Government have previously announced their intention to produce a new Waste Management Paper on landfill practice. A Landfill Practices Review Group has now been established to prepare this. The subject is extensive, and published advice is likely to appear in instalments.The Notification of New Substances Regulations 1982, referred to in Recommendation 12, came into force on 26th November. They provide for both the Health and Safety Executive and the Department of the Environment to receive notifications on new chemical substances before these are placed on the market. The information required will include details of the means by which a new substance might be rendered harmless and will form the basis for a full assessment by the two Departments of any potential health or environmental risks.Recommendation 18 asked that the secure fencing of waste disposal sites be a condition of every site licence. The Government take this opportunity to reiterate the advice, given on model site licence conditions in Waste Management Paper No. 4, that a requirement for fencing should be included in site licences.Finally, the Government have concluded that decisions on Recommendation 10, the registration of producers of hazardous waste, and Recommendation 13, the licensing of professional handlers of hazardous waste, should be taken for the whole spectrum of hazardous waste once the review of the special waste regulations has reported on those questions as they affect special waste.