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Written Answers

Volume 577: debated on Monday 13 January 1997

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Written Answers

Monday, 13th January 1997.

"Sea Empress": Clean-Up Operation

asked Her Majesty's Government:Whether the MPCU have produced a report on the clean-up operation following the "Sea Empress" oil spill in Milford Haven in February last year.

The Parliamentary Under-Secretary of State, Department of Transport
(Viscount Goschen)

The Coastguard Agency issued the Marine Pollution Control Unit's report on the "Sea Empress" clean-up operation on 9th January. Copies have been placed in the Library.

40-Tonne Lorries: Strengthening Of Road Structures

asked Her Majesty's Government:Whether they will provide figures for each region in England, and separately for roads which are the responsibility of local authorities and the Highways Agency, for:

  • (a) the estimated total number of structures which required assessment to carry 40-tonne lorries;
  • (b) the total number of structures so far assessed;
  • Highways Agency Structure

    Region

    D

    Number which required assessment

    A

    Number assessed so far (to 31st July 1996)

    Number so far identified as required strengthening

    E

    Cost of strengthening so far identified (£ million)

    E

    London5204748833
    Northern2,7932,313442110
    Southern1,6471,4458020
    Midlands1,9801,81525363
    Total6,9406,047863226

    Notes:

    AAssessments are required to ensure that structures can continue safely to carry existing traffic loading as well as proposed new 40-tonne lorries.

    BThese numbers are based on information provided by local authorities as part of their 1997-98 Transport Policies and Programme submissions. The figures for assessment show those structures which local authorities expect to have assessed by March 1997. A further 10,000 structures are programmed for assessment in 1997–98.

    CThis shows those structures which had been assessed as of July 1996 and which require work to enable them to bear 40-tonne lorries from 1999, but which have not already been strengthened.

    DData for the Highways Agency cannot readily be disaggregated other than into its own four operating regions.

    EThese figures include those structures which have already been strengthened.

    London Underground: Employee Activities

    asked Her Majesty's Government:How many London Underground employees are engaged in:

  • (a) day-to-day operations
  • (b) maintenance of trains and other assets
  • (c) replacement of life-expired assets
  • (d) new works
  • (e) management and head office.
  • (c) the total number of structures so far identified as requiring strengthening and the estimated total cost of this work.
  • The figures requested are shown in the following tables. It is not possible at the present time to provide an accurate estimate of the cost of outstanding strengthening work for local authority structures. Based on expenditure to date, strengthening all structures bearing local authority roads which are assessed as being unable to meet modern loading standards could cost between £1 billion and £1.5 billion. However, not all of these structures will necessarily require strengthening. A number of other measures are available to both local authorities and the Highways Agency, such as propping, weight restrictions and other traffic management measures

    Structures Bearing Local Authority Roads
    Government Office AreaNumber which required assessmentAEstimated Number assessed to 31.3.97BNumber requiring actionC
    South East5,4693,722463
    South West8,7534,956402
    West Midlands5,3723,302433
    North West5,8223,508798
    Merseyside50322621
    North East2,0351,227250
    Yorkshire and Humberside5,0752,302537
    East Midlands4,7823,335550
    Eastern3,9542,217614
    London2,5341,857354
    Total44,29926,6524,420

    The information is not available in the form requested.However, London Transport have estimated the average numbers of London Underground employees engaged in the following activities during 1995-96:

    ActivityAverage Number
    Passenger Services11,134
    Engineering3,331
    New Works (Jubilee Line Extension and Crossrail)883

    Activity

    Average Number

    Police482
    Other Departments256
    Total16,086

    In addition, a number of London Transport employees provide services to its subsidiary, London Underground. These employees are not included in the above figures.

    Insolvent Companies: Transfer Of Assets

    asked Her Majesty's Government:Whether it is legally possible for an insolvent limited company to transfer its gross and entire assets free from liabilities to another company with the same directors, thereby making it impossible for creditors of the insolvent company to collect any part of the debts due to them.

    An insolvent company may transfer its assets, independently of its liabilities, to another company, whether or not with the same directors. A proper price should be paid and the insolvent company's creditors can then exercise their rights under the law to recover the debt due to them. Where assets are transferred for less than their value, insolvency and corporate law provides remedies and sanctions, both civil and criminal, which may be invoked where appropriate.

    War Pensions: Reasons For Award

    asked Her Majesty's Government:What are the approximate numbers of former members of the armed forces receiving pensions from the War Pensions Agency as a result of:

  • (a) wounds or deterioration in health due to enemy action, or to service in a theatre of operations, during a war;
  • (b) disabilities or impairment of health arising from their service, but unconnected with a war or actions by a hostile state or force.
  • The War Pensions Agency does not maintain a statistical breakdown of awards due to war and other service. The information could be obtained only at disproportionate cost.

    Children Dependent On Income Support

    asked Her Majesty's Government:How many children are dependent on income support in (a) England and (b) Scotland; and what percentage of those under 16 each of these figures represents.

    The information is in the table.

    Children in families receiving income support February 1996
    Number of childrenPercentage of under 16's
    England2,539,00025
    Scotland246,00024

    Notes:

    1. Numbers are rounded to the nearest thousand, percentages to the nearest whole percent.

    2. Sample size 5 per cent.

    3. Children are defined as aged 15 and under.

    4. Percentages reflect the number of children in families receiving income support as a proportion of all children in each respective country, based on Office of National Statistics 1995 mid-term estimates of the population.

    Sources

    1. Income Support Statistics Quarterly Enquiry February 1996.

    2. Office of National Statistics mid-term estimates of the population 1995.

    Income Support Recipients

    asked Her Majesty's Government:How many people are in receipt of income support; what percentage of the population over 18 this represents; and how many of the recipients are (a) of pensionable age, (b) in receipt of a disability premium and (c) registered unemployed.

    On the basis of the Income support Quarterly Enquiry February 1996, the latest available data, it is estimated that there are 5,710,000 recipients of income support, of whom 1,573,000 are of pensionable age, 769,000 receive the disability premium and 1,656,000 are registered as unemployed.The total number in receipt of income support, which may include some persons aged 16 or 17, represent, on the basis of the 1995 mid-term estimate by the Office of National Statistics, 13 per cent. of the total population aged 18 and over.

    Human Fertilisation And Embryology Act 1990: Review Of Schedule 3

    asked Her Majesty's Government:Further to the statement by Baroness Cumberlege on 5th December (H.L. Deb., cols. 831-832), when the promised review of Schedule 3 to the Human Fertilisation and Embryology Act 1990 will be set up; what its composition will be; and by when it will report.

    The Parliamentary Under-Secretary of State, Department of Health
    (Baroness Cumberlege)

    The Secretary of State for Health expects to announce shortly details of the review of the requirement in Schedule 3 to the Human Fertilisation and Embryology Act 1990 for consent to be in writing.

    Cavity Wound Dressing Provision

    asked Her Majesty's Government:What proportion of (a) community trusts, or (b) fundholding general practitioners provide up-to-date cavity wound dressings for use by the district nurses whom they employ.

    Drug Tariff: Cavity Wound Dressings

    asked Her Majesty's Government:Whether they will extend the drug tariff to include up-to-date cavity wound dressings and a selection of bandages for leg ulcers.

    We are considering the case for making such additions to the drug tariff.

    Consultancies: Expenditure By Government Departments

    asked Her Majesty's Government:How much they spent on consultancies in the years 1992-96, broken down by department.

    I have asked ministerial departments and the Attorney General's Office to provide details of their expenditure on consultancies in the years 1992-96. Unless otherwise noted, the figures shown in the table below are for expenditure on external consultancy at 1996 prices and include departmental agencies, where appropriate.

    £ millions
    Department1992–931993–941994–951995–96
    Environment110.20110.201, 211.301, 2, 39.00
    Welsh Office1.551.550.841.21
    Scottish Office4.685.634.175.44
    Attorney General41.201.341.241.14
    Foreign & Commonwealth Office
    Diplomatic Wing514.2013.6017.65
    Aid Wing50.610.501.28
    Transport253.0213.0208.0176.0
    Northern Ireland Office and Departments19.9430.5924.4124.65
    Social Security36.3933.9926.1024.01
    Trade & Industry40.4831.779.956.48
    Ministry of Defence6n/an/an/a150.8
    Education & Employment7n/an/an/an/a
    HM Treasury82.706.905.802.10
    PAYMASTER8n/a0.900.801.20
    Cabinet Office96.756.326.254.07
    HMSO0.451.101.800.84
    £ millions
    Department1992–931993–941994–951995–96
    Central Office of Information0.150.070.160.14
    Health19.7316.6118.9218.36
    Ministry of Agriculture107.6013.8312.5514.73
    Home Office119.903.702.8010.20
    Lord President of the Council12nilnil0.010.02
    HM Customs & Excise13n/an/an/a5.40
    Inland Revenue25.9024.5025.3029.20
    Valuation Office Agency12.900.600.300.30
    National Heritage144.466.252.761.75
    Lord Chancellor's Department3.631.281.684.29
    Notes:
    1Department of the Environment: figures exclude expenditure by Property Holdings/PACE.
    2DoE: figures exclude expenditure by the Building Research Establishment, which does not hold a central record of expenditure on consultancies.
    3DoE: 1995–96 figures are best estimates.
    4Attorney General: this is an aggregated figure for the Crown Prosecution Service, the Serious Fraud Office, the Treasury Solicitor and the Government Property Lawyers.
    5Foreign and Commonwealth Office: figures for earlier years could be provided only at disproportionate cost.
    6Ministry of Defence: information on expenditure on external consultants is not held centrally for the years 1992–93 to 1994–95. The figure for 1995–96 includes expenditure of £25 million by the Defence Evaluation and Research Agency, which operates as a trading fund.
    7DFEE: information in the form requested could only he obtained at disproportionate cost.
    8HM Treasury: separate figures supplied for PAYMASTER (shown above), Office for National Statistics (£0.26 million since its inception) and the Royal Mint (approximately £100,000 since 199293). Figures do not include HM Customs & Excise or Inland Revenue departments, whose expenditure is shown separately.
    9Cabinet Office: figures include the Office of Public Service and its agencies, except HMSO and COI which are shown separately. The figures also include expenditure by privatised agencies (Chessington Computer Centre, Recruitment and Assessment Services and Occupational Health & Safety Agency) up to the date of privatisation.
    10Ministry of Agriculture: figure for 1995-96 is an estimate and excludes expenditure by the Veterinary Medicines Directorate and the Meat Hygiene Service.
    11Home Office: figures for 1993-94 and 1994-95 represent expenditure on management consultancy only.
    12Lord President's Office: expenditure shown relates to the work of the Central Drugs Co-ordination Unit (charged to the Privy Council).
    13HM Custom & Excise: figures for earlier years could be supplied only at disproportionate cost.
    14DNH: aggregated figures include Historic Royal Palaces Agency and, for 1993-94 to 1995-96, the Royal Parks Agency.

    Gulf War: Allegations Of Chemical Warfare

    asked Her Majesty's Government:Whether the Ministry of Defence has any documentary evidence of chemical warfare which occurred during the Gulf War such as that now being revealed to the United States Congress.

    No. My department's own research and that of the American authorities, who have passed to us details of a number of alleged detections of chemical warfare agents during the Gulf War, does not indicate any confirmed use of chemical warfare agents during the conflict.

    It is important not to treat as factual and proven unsubstantiated reports of possible chemical warfare incidents that appeared during the chaotic atmosphere of war.

    asked Her Majesty's Government:Whether, in the light of the information released by the Pentagon on 6th December 1996, having been held on the Army Information Desk since December 1993, about detections by Fox vehicles of mustard and nerve gas in the vicinity of United States and British troops, particularly on 14th, 26th and 27th February 1991, they will reconsider their written replies to the Countess of Mar of 20th March 1995 (H.L. Deb., WA 57), 21st March 1996 (H.L. Deb., WA 107), 4th June 1996 (H.L. Deb., WA 120) and 5th June 1996 (H.L. Deb., WA 129) in which the deployment and use of chemical weapons during the Gulf War was denied.

    I am aware of alleged detections on the dates referred to. These have been discussed with our American colleagues. Not only was each of the alleged detections of CW agents uncorroborated at the time, but subsequent research has failed to establish these and other alleged detections as factual.

    Show Houses: Rating

    asked Her Majesty's Government:What recent representations they have received from the housebuilding industry about the imposition of the uniform business rate on show houses; whether they have any plans to bring forward proposals to treat such show houses for local government taxation purposes as the stock of the housing industry or as unoccupied residential property, and, if not, why not.

    I have recently received representations from the House Builders' Federation requesting that show houses be subject to the council tax and not non-domestic rates. I am currently considering my response.

    Fishing Vessels: "Kilowatt Days"

    asked Her Majesty's Government:What is the formula for a "kilowatt day" as applied to fishing vessels, and how does this unit compare to a "standard vessel day".

    Fishing effort expressed in "kilowatt days" is the product of the power of the vessel in kilowatts and its time at sea expressed in days. Thus a 500kW vessel at sea for two days would represent 1,000 kilowatt days of fishing effort.

    A "standard vessel" is taken to be equivalent to 700 brake horsepower (bhp) or 515kW. Thus a standard vessel at sea for two days would represent 1,030 kilowatt days of fishing effort.

    Conversion factors have been used in the EU to convert to standard vessel equivalents a range of bhps and these are given in the table below:

    Conversion factors for vessels not of 700 BHP

    BHP range

    Equivalence to standard vessel
    Under 3000.57
    300 but less than 4000.76
    400 but less than 5000.85
    500 but less than 6000.90
    600 but less than 7000.96
    700 but less than 8001.00
    800 but less than 1,0001.07
    1,000 but less than 1,2001.11
    1,200 and above2.25

    Maff-Funded Research: Exploitation Following Privatisation

    asked Her Majesty's Government:How they will ensure that the benefits of MAFF-funded research and development carried out by ADAS continue to be made available to the industry as a whole following privatisation.

    We are well aware of the need to ensure that department-funded research results continue to be properly exploited to the benefit of the industry as a whole. Where existing intellectual property rights are sold with an ADAS business, we will attach appropriate conditions, which may include a requirement on the purchaser to grant non-exclusive licences to third parties to exploit the intellectual property. Future contracts with the privatised company will specify the arrangements for ownership of the intellectual property rights and the conditions attached to such ownership.

    Bse

    asked Her Majesty's Government:Whether they will place in the Library of the House a copy of the latest progress report on bovine spongiform encephalopathy.

    A further Report on Bovine Spongiform Encephalopathy (BSE) was placed in the Library of the House on 18th December.The report gives an update on new variant Creutzfeldt Jakob Disease cases and explains the new measures taken on cattle identification and animal feed. Reference is made to the five-point plan agreed in Florence for the resumption of exports and explains that all the preconditions, with the exception of the accelerated slaughter programme, have been complied with. It also details the sustained improvement in the handling of Specified Bovine Material in slaughterhouses. The report also announces the occurrence of Transmissible Spongiform Encephalopathy in a domestic cat born after the extension of the Specified Bovine Offal ban in September 1990.The number of clinically suspect cases of BSE reported in Great Britain has continued to fall and at 31st October 1996 was 36.1 per cent. less than at the same time in 1995 and 63.3 per cent. less than the same time in 1994. A continued improvement is expected for the future.

    Agriculture Council, 16Th And 17Th December

    asked Her Majesty's Government:What was the outcome of the Agriculture Council held in Brussels on 16th and 17th December.

    My right honourable friend the Minister of Agriculture, Fisheries and Food represented the United Kingdom at the Agriculture Council in Brussels on 17th December, accompanied by my noble friend the Parliamentary Under-Secretary of State, Scottish Office. The department's Permanent Secretary represented the United Kingdom on 16th December.My right honourable friend reported to the Agriculture Council the decision of the Government, which he had announced to the House on 16th December, to proceed with the selective cull of cattle at most risk of BSE. He also informed the Council of our progress in implementing the other conditions laid down in the Florence agreement and our intention to submit proposals for a certified herds scheme to the Commission early in the New Year.The Council reached agreement by qualified majority on a Commission proposal, brought forward at UK instigation, to amend the directive laying down minimum standards for the protection of calves. In the modified terms agreed by the Council, the amended directive will bring in significantly improved conditions for the housing of calves. Calves up to eight weeks old will have to be given enough space to turn round, and calves over eight weeks old will have to be housed in groups, with more space allowed as they grow in size. In addition, the Commission undertook to set rules requiring the inclusion of at least a minimum amount of iron in calves' diet, and the inclusion of fibre for all calves over two weeks old. As to timing, the Council agreed that all new calf housing must conform with the revised rules with effect from January 1998, and that existing installations must meet the new rules by 31st December 2006. On the latter, my right honourable friend argued for a shorter transition period but received no support. This agreement will lead to significant improvements in the way veal calves are treated throughout the European Union. The proposal on which Italy voted against and Spain abstained, will be formally adopted early in the New Year.The Council reached agreement on a number of other veterinary and plant health measures, including the conclusion by qualified majority (Finland voting against) of a veterinary agreement on trade between the European Union and New Zealand in live animals and animal products. The Council considered, but failed to agree on, a proposal banning the use of specified risk materials in the manufacture of animal feed and food stuffs. The Commission undertook to consider making further proposals in this area in the light of advice from the EU Scientific Veterinary Committee.The United Kingdom welcomed the Commission's announcement of early proposals on the welfare of animals in transport, specifically in respect of staging points for animal journeys. The United Kingdom opposed proposals to modify the arable area payments scheme in ways which would have weakened the penalties falling on arable products for excess production. In the beef sector, the Council held a wide-ranging discussion of the operation of the beef early marketing scheme and the calf processing scheme. The United Kingdom pressed the Commission to review the rates of aid payable under the latter so as to prevent undesirable distortion of the markets.

    Firearms-Related Deaths: International Statistics

    asked Her Majesty's Government:What are the annual statistics over the most recently available 12-month period for the number of (i) homicides, (ii) other gun-related deaths, and (iii) non-fatal injuries to the person, resulting from the misuse of firearms in (a) England, Wales, and Scotland, (b) Australia, and (c) the United States of America, expressed both as the total number of incidents and as the number per head of population.

    The following table gives the information requested for Great Britain for 1995. While statistics for Australia and the United States of America are not the responsibility of Her Majesty's Government, figures for homicide and other gun-related deaths are included which were gathered by the Canadian Department of Justice in 1995 and published as A Review of Firearms Statistics and Regulations in Selected Countries. Information on non-fatal injuries in the United States of America from Sourcebook of Criminal Justice Statistics, published by the United States Department of Justice, has also been included.

    Firearms-related death and injuries, Great Britain, Australia and the United States

    Great Britain

    Australia

    United States of America

    Homicide

    Number816416,704
    Rate per 100,000 population0.140.366.42

    Other gun-related deaths

    1

    Number17845319,967
    Rate per 100,000 population0.352.557.68

    Non fatal injuries to the person

    2

    All weapons excluding air weapons

    Number605n/a58,485
    Rate per 100,000 population1.0622.50

    Air Weapons

    Number1,761n/an/a
    Rate per 100,000 population3.09

    1Accidents and suicides. (Figures for Great Britain supplied by the Office for National Statistics and the General Register Office for Scotland);

    2Great Britain figures are for recorded crimes in which injury was reported to have been caused by a firearm. Figures for the USA include only those where hospital treatment was sought and exclude air weapons, etc.

    Kairos Prison Ministry

    asked Her Majesty's Government:Whether they have allowed, or intend to allow, the Kairos Prison Ministry, of Winter Park, Florida, into any prison in England and Wales; and whether granting a proselytising organisation unrestricted access to prisoners would be compatible with the provisions of Section 10(5) of the Prison Act 1952.

    Responsibility for these matters has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

    Letter to Lord Avebury from the Director of Services of the Prison Service, Mr. Hugh Taylor.

    Lady Blatch has asked me in the absence of the Director General to reply to your recent Question about the Kairos Prison Ministry and whether they have been given access to any prisons in England and Wales.

    A trial offending behaviour course is to be run by the Verne prison from 3 April based on the Kairos 18-week step programme. Volunteers drawn from local churches will be used as mentors and only employees of the Kairos Prison Ministry will be used to train them. It is not expected that Kairos personnel will be given access to prisoners.

    The course will be voluntary. Prisoners and prison staff will not be expected to be on the wing assigned for the course against their will. Although the course is open to prisoners of all religions, it is firmly Christian based. This is explained to prisoners before they join. The wing will be run by prison staff and at no time will the volunteers have control. The scheme is to run for six months, after which time there will be a full evaluation of the course's merits.

    The Prison Service believes that allowing members of Kairos access to prisons to train staff and prisoners willing to hear what they have to say does not breach Section 10(5) of the Prison Act 1952.

    Immigration Act Detention Centres

    asked Her Majesty's Government:What is the annual cost of Immigration Act detention centres in the United Kingdom such as Campsfield House, near Oxford; and what is the total number of detainees held and the average length of stay at these centres.

    The Immigration Service detention estate has space for some 515 detainees. The cost of detaining persons in these centres in the financial year 1995-96 was some £12.2 million. This figure includes the cost of administrative support from headquarters.Information on the average length of stay at immigration detention centres is not readily available.

    asked Her Majesty's Government:Whether health services at detention centres such as Campsfield House are under the jurisdiction of Group 4 rather than the local area health authority; and whether routine medical examinations and psychiatric services have until now been provided to detainees.

    The provision of medical services at immigration detention centres is the responsibility of the Home Office, not local area health authorities. These services are provided under contract, either with the Home Office direct or, in the case of Campsfield House and Tinsley House, with the private contractors managing the centres.All immigration detainees are encouraged to have a medical examination on arrival at detention centres. Medical facilities are in keeping with those provided by a general practitioner. Where necessary, detainees can be taken to an outside hospital for psychiatric or other medical treatment.

    Whether as recently reported, four out of five detainees in centres such as Campsfield House are held without charge in continuous detention, and if so, whether this contravenes the UN Convention on Refugees and is contrary to the practice of other EU countries.

    The United Nations Convention relating to the Status of Refugees does not preclude the detention of asylum seekers. All detainees in immigration detention centres are detained under powers contained in Schedules 2 and 3 to the Immigration Act 1971. These powers are used very sparingly and detention is reviewed regularly. Practice in other European Union countries is a matter for them.

    Police Cautions: Disclosure

    asked Her Majesty's Government:Further to the statement made by Baroness Blatch on 2nd December 1996 (H.L. Deb., col. 518), what are their reasons for considering that no protection against disclosure of police cautions needs to be provided under the Police Bill [H.L.] whereas effective protection is given in relation to "spent" criminal convictions under the Rehabilitation of Offenders Act 1974.

    Details of cautions recorded in central police records will be disclosed in Criminal Record Certificates and Enhanced Criminal Record Certificates. Both types of certificate will be issued only in respect of occupations and offices which are exceptions to the Rehabilitation of Offenders Act 1974 and will include details of "spent" convictions.Clause 111(3) of the Police Bill, as amended in Committee, provides for a new criminal offence if a member, officer or employee of a registered body discloses information from a Criminal Record Certificate or Enhanced Certificate other than in the course of his duty. This would apply to information about cautions.

    Custody Time Limit: Excess Detention

    asked Her Majesty's Government:Whether in the light of the observations by the Lord Chief Justice, Lord Bingham of Cornhill, in

    Oluto v. Home Office (Times Law Report, llth December 1996), they will ensure that individuals committed for trial and held in custody, who are detained for a period in excess of the prescribed 111-day time limit through no fault of their own, have a right to compensation.

    There are no plans to introduce a right of compensation to individuals who have either been detained in excess of the prescribed custody time limits or subsequently shown to be not guilty. Existing statutes and regulations governing custody time limits are in place to encourage the rapid preparation of cases and ensure that a defendant does not spend any longer in custody than is permitted. Once the custody time limit has expired, a defendant is entitled to be released on bail unless the prosecution has sought, and the court granted, an extension.

    Parliamentary By-Elections: Timing

    asked Her Majesty's Government:Whether they consider that there is a constitutional convention as to the period of time within which a by-election should be declared on the death or resignation of a Member of Parliament; and if so, whether they will explain the nature of that convention.

    The present convention on the timing of Parliamentary by-elections rests on the recommended guidelines agreed by the Speaker's Conference on Electoral Law in 1973. These cover the period to be allowed for the motion moving the writ for the election following the date of the vacancy. Details were published in the letter dated 26th November 1973 which Mr Speaker Selwyn Lloyd sent to the Prime Minister. It was published by HMSO under Cmnd5500 and a copy is available in the House of Lords Library.

    asked Her Majesty's Government:What has been the period of time between the death, resignation or retirement of a Member of Parliament and the declaration of a by-election for each by-election during the past 10 years.

    The information requested is available in the House of Commons Library Research Paper 96/50, which covers by-elections since the 1992 general election, and in Public Information Office Factsheets 27 and 58, covering, respectively, the periods 1983 to 1987, and 1987 to 1992. These papers are available to noble Lords through the House of Lords Library.Research Paper 96/50 does not include the most recent by-election, which was held in the constituency of Barnsley East on 12th December. This followed the death of the sitting Member, Mr Terry Patchett, on 11th October 1996.

    Fraudulent Mediums Act 1951

    asked Her Majesty's Government:Further to the Written Answer by Baroness Blatch on 10th December (HL Deb. WA 89), how many prosecutions and convictions there have been under the Fraudulent Mediums Act 1951 since its enactment.

    The information requested for the years 1980 to 1995 is given in the table. Information for earlier years is not available.

    Number of prosecutions at magistrates' courts and convictions at all courts for offences under section1 of the Fraudulent Mediums Act 1951,1980–1995
    England and Wales
    ProsecutionsConvictions
    1980
    1981
    1982
    1983
    198411
    19851
    198611
    1987
    1988
    1989
    199011
    199111
    199211
    1993
    1994
    1995
    1Purporting to act as a spiritualistic medium for reward.

    British Nationality (Hong Kong) Bill: Ethnic Minorities

    asked Her Majesty's Government:Further to the speech of the Baroness Blatch on the Second Reading of the British Nationality (Hong Kong) Bill on 12th December (H.L. Deb., cols. 1228-31), whether their guarantee to the ethnic minorities in Hong Kong of admission to the United Kingdom for settlement "if ever they come under pressure to leave Hong Kong" is based upon clearly prescribed criteria published in Hong Kong; if so, what are the criteria, and if not, whether they will publish the criteria; andFurther to the speech of the Baroness Blatch on the Second Reading of the British Nationality (Hong Kong) Bill on 12th December (H.L. Deb., cols. 1228-31), what they regard as sufficient evidence of (a) "pressure to leave Hong Kong"; (b) "discrimination"; and (c) "racial harassment"; andFurther to the speech of the Baroness Blatch on the Second Reading of the British Nationality (Hong Kong) Bill on 12th December (H.L. Deb., cols. 1228-31), why they have stated that they would admit members of the ethnic minorities in Hong Kong to the United Kingdom only if "they had nowhere else to go"; andFurther to the speech of the Baroness Blatch on the Second Reading of the British Nationality (Hong Kong) Bill on 12th December (H.L. Deb., cols. 1228-31), how the ethnic minorities in Hong Kong can be "secure" in their knowledge of the Government's intentions as to their future in the absence of prescribed criteria "setting down in detail the specific circumstances which would need to be met" for the Government's assurances to come into effect.

    I refer the noble Lord to the position which I set out during the debate on the British Nationality (Hong Kong) Bill on 12th December, in particular at column 1231. The guarantee applies only to those with nowhere else to go because members of the ethnic minorities in Hong Kong who are not solely British nationals, but hold the nationality of another country, will have the option of going there. We have not prescribed detailed criteria for operation of the guarantee, but we have undertaken that it will not be interpreted narrowly or restrictively.

    Prisoners: Responsibility For Mental Health

    asked Her Majesty's Government:Whether they agree with Her Majesty's Inspector of Prisons that the National Health Service should take over responsibility for the mental health of prisoners detained in Her Majesty's Prisons; and, if not, why not.

    There are no current plans for the National Health Service to assume responsibility for the mental health care of prisoners.We are, however, committed to improving health care for prisoners, including mental health care. We believe that there is considerable potential for achieving better health services and better value for money by working closely with the National Health Service and other providers.

    Prison Conditions

    asked Her Majesty's Government:By what criteria the conditions in Her Majesty's prisons (including those managed by private contractors), conform to the minimum conditions prescribed by the United Nations, the Council of Europe, the European Convention on Human Rights and the International Covenant on Civil and Political Rights.

    The Government are committed to their various international obligations such as the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). Minimum conditions in prisons are described most specifically in the European Prison Rules and the United Nations Standard Minimum Rules for the Treatment of Prisoners. Both sets of Rules are not legally binding but the Government adhere to them as fully as possible.The European Prison Rules influenced the Prison Service's Operating Standards, which set out standards for the treatment of prisoners to be met or aspired to by all Prison Service establishments, including those managed by the private sector.

    Local Prisons: Population Statistics

    asked Her Majesty's Government:What was the population of each local prison in England and Wales on 10th December 1996, what was the Certified Normal Accommodation of each prison, and what was the percentage of overcrowding.

    Responsibility for this matter has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.

    Letter to Lord Harris of Greenwich from the Director of Security and Programmes of the Prison Service, Mr. A. J. Pearson.

    Lady Blatch has asked me, in the absence of the Director General from the office, to reply to your recent Question about the population of each local prison in England and Wales on 10th December 1996, and the certified normal accommodation of local prisons and the percentage of overcrowding.

    Many local prisons perform more than one role. Apart from holding adult remand prisoners, they may also hold under 21 year-old remand prisoners and sentenced prisoners.

    The attached table lists all prisons which perform a local prison function and includes prisoners and accommodation which may be used for other functions.

    The Use CNA represents the total number of uncrowded places available in local prisons. The percentage of prisoners overcrowded represents the

    number of prisoners above the In Use CNA. These figures do not allow for the operational capacity of a prison, which is the number of prisoners it may hold without serious risk to good order, security and the proper running of regimes, and which allows for overcrowding.

    Prison

    Population

    CNA

    % Overcrowding

    Bedford37031716.72
    Belmarsh8788266.30
    Birmingham97869341.13
    Blakenhurst73664713.76
    Bristol58248520.00
    Brixton61348027.71
    Bullingdon6766445.00
    Canterbury27018446.74
    Cardiff71653434.10
    Chelmsford4764466.73
    Doncaster96077124.51
    Dorchester23214757.82
    Durham94063248.73
    Elmley6796406.09
    Exeter46026076.92
    Gloucester26021123.22
    Haslar143158−9.49
    Highdown6896496.16
    Holme House737764−3.53
    Hull48139521.77
    Leeds9108724.36
    Leicester34120764.73
    Lewes3163034.30
    Lincoln65043449.77
    Liverpool1,2391,10512.13
    Manchester1,15596719.44
    Norwich66251129.55
    Pentonville88572621.90
    Preston45625678.13
    Rochester402424−5.19
    Shrewsbury32417684.09
    Swansea35225040.80
    Wandsworth8758048.83
    Winchester60144634.75
    Wolds35332010.31
    Woodhill654669−2.23
    Wormwood
    Scrubs1,11795516.96