Written Answers
Tuesday, 11th February 1997
Prisoners In Hospital: Use Of Restraints
asked Her Majesty's Government:What is the present policy governing the use of mechanical restraints on prisoners receiving medical care; under what circumstances restraints may be removed from a prisoner; under what circumstances a prisoner may be chained to an inanimate object; and whether they will place in the Library a copy of the guidance issued by the Prison Service; andWhat is the current timetable for revising the Prison Service security manual in which new guidelines for restraining prisoners receiving hospital care are due to appear, and whether it is yet possible to identify any major changes.
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 Baroness Masham of Ilton from the Director General of the Prison Service, Mr. Richard Tilt, dated 11 th February 1997
Lady Blatch has asked me to reply to your recent Questions about the use of restraints on prisoners in hospital and the revision of our policy on this issue, with particular reference to the chaining of prisoners to inanimate objects.
I issued a complete revision of section 60 of the Security Manual on 31st January. This sets out the arrangements to be made by governors for prisoners receiving medical treatment outside the prison, and the circumstances in which restraints may and may not be applied. An amendment to Section 39 of the Manual, providing instructions on category A prisoners receiving outside medical treatment, was issued at the same time.
A copy of these new instructions is attached and a copy is being placed in the Library of the House.
Prisoner In Addenbrooke's Hospital:Use Of Restraints
asked Her Majesty's Government:Whether there will be a Prison Service inquiry into the recent restraint of a prisoner in Addenbrooke's Hospital following brain surgery; and, if so, whether they will place a copy of the report of the inquiry in the Library.
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 Baroness Masham of Ilton from the Director General of the Prison Service, Mr. Richard Tilt, dated 11th February 1997.
Lady Blatch has asked me to reply to your recent Question about the of use restraints on a prisoner in Addenbrooke's Hospital following brain surgery and whether there will be an inquiry.
In accordance with the requirements of security policy at the time, a full risk assessment was carried out when the prisoner referred to was released to hospital for surgery in May 1996. This was updated as appropriate and decisions regarding the application of restraints were based upon the risk assessment. The prisoner was in the very early stages of a sentence for serious drugs offences, and despite his ill health, it was considered appropriate to apply restraints, unless their removal was requested by medical or nursing staff. Restraints were not applied when he was located in the intensive care unit. I do not consider that there needs to be an inquiry into this incident.
Police Bill, Part Iii: Amendments
asked Her Majesty's Government:What plans they have for further amendments to Part III of the Police Bill.
Contradictory amendments to Part III of the Police Bill have been passed. The Government do not believe that either of these amendments is acceptable as it stands. Further amendment is therefore essential.We have considered carefully the points raised during the debate. There are two key principles that we believe must be maintained. First, the authorisation of intrusive operations should remain the responsibility of chief officers. There should be effective external scrutiny of those decisions but they should not be the subject of second guessing. Second, chief officers must remain fully accountable for their decisions and remain liable to answer in court as to why they have authorised these operations. They should also be answerable for any complaint arising from the authorisation of an operation and be liable to be named in the annual report of the commissioner for any wrongly authorised operation.Accordingly, we shall table amendments which will provide:that responsibility for authorising operations should be that of the chief officer;that the prior approval of a commissioner will be required where there are reasonable grounds for thinking that the operation could affect legal, medical or journalistic privilege or where the operation involves intrusion into residential dwellings, offices and hotel bedrooms. Prior approval would not be necessary where the chief officer was acting with the consent of the person able to give permission in respect of the relevant premises or in urgent cases;
that the commissioner will approve an authorisation if he is satisfied there are reasonable grounds for believing that the action is likely to be of substantial value in the prevention or detection of serious crime andthat what the action seeks to achieve could not reasonably be achieved by other means;
a right of appeal to the chief commissioner against a decision taken by the commissioner;
for commissioners to serve for a fixed period of three years, and for their removal from office within that period to require the consent of both Houses.
Value Added Tax
asked Her Majesty's Government:What would be the effect on the cost of living index of imposing VAT on all excluded goods and services (except rent and interest payments):(a) at 5 per cent.; (b) at 10 per cent.; and (c) at 17.5 per cent.; and What revenue would be gained by the Exchequer by imposing VAT on all excluded goods and services (except rent and interest payments): (a) at 5 per cent.; (b) at 10 per cent.; and (c) at 17.5 per cent.
HM Treasury's Tax Ready Reckoner and Tax Reliefs estimates the revenue cost of zero-rated or exempted goods and services is approximately £20 billion in 1996–97. This assumes a VAT rate of 17.5 per cent.; the cost of intermediate rates can be approximated pro rata. The estimate excludes the reduced rate on domestic fuel and power. It also excludes the effect of behavioural changes and will therefore tend to overestimate the extra revenue from withdrawing exemptions or zero rating. The estimated RPI impact is around 1 per cent., 2 per cent. and 3 per cent. for VAT rates of 5 per cent., 10 per cent., and 17.5 per cent., respectively.
Vat And Repairs To Buildings
asked Her Majesty's Government:When they expect to complete their consideration of the propriety of taxing repairs to listed and other buildings at 17.5 per cent., and to announce their conclusions.
The Government are not considering the propriety of taxing repairs to listed or any other buildings. The Government have repeatedly stated that they have no plans to change the current position whereby repairs to listed buildings are liable to VAT at the standard rate.
Vat: Ec Provisions
asked Her Majesty's Government:Whether they will list for United Kingdom goods affected by the adoption of European legislation on VAT, the effect on the rate of VAT for the goods and the date from which the change, if any, may apply.
The principal European Community provision on VAT (the Sixth VAT Directive 77/388) establishes a broad framework for rates of tax which may be applied, including a standard rate of not less than 15 per cent.; the option to apply one or two reduced rates (of not less than 5 per cent.) to certain specified items; and lists mandatory exemptions from the tax. The directive also includes certain special provisions, such as those providing for the UK's zero rates. No other EC provisions bearing upon the rate of VAT are immediately in prospect, nor have any prospective changes been agreed. Since all EC VAT matters are subject to unanimity, no changes can be made to any aspect of the existing regime without the UK's agreement.
asked Her Majesty's Government:What European legislation concerning VAT has been, or is in prospect of being, adopted in United Kingdom law, and under what system of voting in which organs of the Community it has been, or may be, adopted.
The Sixth VAT Directive (77/388) is the principal European Community (EC) level agreement on VAT. Its provisions, together with those of a number of subsidiary directives dealing with certain specific aspects of the tax, are reflected in UK law (principally in the VAT Act 1994). The legal base for all EC VAT matters is Article 99 of the Treaty establishing the European Community. Unanimity in the relevant Council of Ministers (ECOFIN) is thus required for all legislative measures.The Commission issued a document in July 1996 (COM 328) (96) final), outlining a programme of suggested changes to the current EC VAT system, but have not yet followed it up with legislative proposals. The current system remains in force automatically in the absence of unanimous agreement to change it. There is, therefore, no question of the UK being forced to agree to any change.
Forestry Commission Research Agency:Framework Document
asked Her Majesty's Government:When the framework document for the Forestry Commission, Research Agency will be published.
The framework document for the Forestry Commission Research
Agency has been published today and a copy has been placed in the House Library. The new agency will come into existence on 1st April 1997.
Space Use: Management And Planning
asked Her Majesty's Government:What are the present arrangements for space use management and planning, given reports in
Aviation Week passim that more than 1,000 satellites are to be put in low earth orbit between now and the year 2001 and the presence in orbit of vehicles and debris, which are a hazard to other users of space.
The International Telecommunications Union (ITU) is currently responsible for space use management, through the co-ordination of satellite orbits and guidelines on the reorbiting of satellites at the end of their life. The ITU is supported in its role by the Inter-Agency Space Debris Coordination Committee which provides technical advice on space debris. The United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS) is carrying out a multi-year work plan to investigate future access to space in light of the current low earth orbit satellite constellations and the growth of space debris. The UK encourages and supports these efforts.
Nato Command Structure
asked Her Majesty's Government:What is their policy towards the proposal that a European officer should, without any change in the US command of the US Sixth Fleet or of that US commander's Middle Eastern duties, eventually occupy the NATO command post for southern Europe.
We will judge all proposals for the future NATO command structure in the light of basic aims that it should be militarily and cost effective, reinforce the transatlantic partnership between European and North American member states, and incorporate arrangements for a European security and defence identity within NATO.
Mod Housing: Sale Proceeds
asked Her Majesty's Government:Whether receipts from the sale of Ministry of Defence housing are being counted as "negative departmental spending", rather than as capital privatisation receipts, and if so why.
Some £641 million of the receipts due in 1996–97 from the sale of the married quarters estate in England and Wales will be surrendered to the Consolidated Fund as Extra Receipts (CFERs). The balance, some £304 million, will be treated as negative expenditure and will be appropriated onto defence Votes, as will the full £700 million of receipts due in 1997–98. The proceeds from the sale are not being counted as receipts from privatisation, as they arise from the sale of fixed assets rather than company securities.
Iraq
asked Her Majesty's Government:Whether they have discussed with the US conditions for the resumption of relations with Iraq, and whether these include the acceptance in principle of the presence of US or UK military experts within the Iraqi army.
No.
Cayman Islands And British Virgin Islands: Right Of Individual Petition
asked Her Majesty's Government:Further to the Written Answers by Baroness Chalker of Wallasey on 3rd February 1997
(WA 127), what were the reasons given by the Government of the British Virgin Islands for its decision not to renew the right of individual petition under the European Convention on Human Rights.
When the renewal of the right of individual petition under the European Convention of Human Rights was last considered, in early 1996, British Virgin Island Ministers decided that the United Kingdom's declaration under Articles 25 and 46 should not be extended to the British Virgin Islands, at that stage, as they wished to consider the issues involved in the context of the proposed Bill of Rights.
asked Her Majesty's Government:Further to the Written Answers by Baroness Chalker of Wallasey on 3rd February 1997
(WA 127), whether they agree with the reasons given by the Government of the British Virgin Islands for deciding not to renew the right of individual petition under the European Convention on Human Rights.
We have noted the position of the British Virgin Islands Government in this matter. But, as I said in my written answer on 3rd February (WA 127) we will discuss the issue further with the British Virgin Islands Government in the context of our continuing consultations with them on good governance.
Ec Human Rights Commission Report:Greece V Uk
asked Her Majesty's Government:Further to the Written Answers by Baroness Chalker of Wallasey on 16th May 1996
(WA 63), 11th June 1996 (WA 163) and 30th January 1997 (WA 106), whether they will consent to the publication by the Council of Europe of the report of
the European Commission of Human Rights of 26th September 1958 in Application No. 176/56 Greece v. United Kingdom; and if not, why not.
We will consider consenting to publication of the report once we have received our copy from the Council of Europe archive. The other interested parties also have to give their consent before publication.
World Bank: Yacyreta Project
asked Her Majesty's Government:What instructions have been given to the United Kingdom representatives on the board of the World Bank on how they are to speak and vote at the meeting on 6th February at which the board will have before it a complaint from Subrevivencia on behalf of Paraguayan citizens who allegedly suffered material harm as a result of the World Bank's failure to observe its own guidelines in the preparation and execution of the Yacyreta Project, and whether they will place in the Library a copy of the inspection panel's report and recommendation that there should be a full investigation into the claim.
The UK executive director on the World Bank board considers individual project proposals submitted to the board on their merits, taking account of the policies, procedures and operational guidelines of the bank; and of the objectives and views of ODA. Under the rules of the board, the positions of individual chairs on any vote are confidential.At an informal meeting on 6th February, the World Bank board discussed the request for the independent inspection panel to conduct an investigation into the alleged failure of the bank to follow its operational policies and procedures in the case of the Yacyreta Hydroelectric Project. This will be discussed further at a formal meeting to be held shortly at which a decision on next steps will be taken. The report and recommendations of the inspection panel will be made publicly available within two weeks of a formal decision by the board.
Liberia: Un Arms Embargo Enforcement
asked Her Majesty's Government:Whether they are satisfied that no arms were exported to Liberia from the crown dependencies during the period of three years and five months when the UN embargo was in force in the United Kingdom but not in the dependencies; and UN embargoes were applied in the crown dependencies and dependent territories at the same time as in the United Kingdom in the cases of Iraq, Libya, and Angola, but not in the cases of Somalia, Liberia or Rwanda.
As the report by the Inter-Departmental Committee on Trafficking in Arms makes clear, once the United Nations Security Council adopts an arms embargo, the export of arms from the UK to the embargoed destination is prohibited with immediate effect using the Export of Goods (Control) Order made under Section 1 of the Import, Export and Customs Powers (Defence) Act 1939. The Isle of Man is treated as part of the United Kingdom for the purposes of the Act. As for the Channel Islands, the authorities there refer any application for a licence to export controlled goods to the DTI for advice. Licences are only granted where DTI has no objections. No licences have been granted for the export of controlled goods to Liberia from the crown dependencies since 19th November 1992 when UNSCR 788 was adopted.As for trafficking of arms to Liberia, we are unaware of any evidence of such activity from the crown dependencies. The report by the inter-departmental committee highlighted the lack of consistency in implementing arms embargoes in the UK, its dependent territories and the crown dependencies. The Government have accepted all the committee's recommendations, which should ensure that all future embargoes are applied in a timely and accurate fashion. Work is in hand to rectify the results of past shortcomings in procedures.
Public Record Office Prior Options Review
asked Her Majesty's Government:What progress has been made with the quinquennial agency review of the Public Record Office since the announcement of its evaluation of performance report on 23rd July 1996.
The second stage of the agency review, the prior options review, will begin on 12th February and will be completed by 30th September 1997.I have appointed a steering group to oversee the prior options review, comprising officials from my department, the Public Record Office and the Office of Public Service, and representatives from my advisory council on public records and from the business community. The review will be led by the Public Record Office in liaison with my department.It will follow Cabinet Office guidelines and will include an update of the evaluation of the Public Record Office's performance as an executive agency.Comments and contributions from those with an interest in the Public Record Office and its work would be welcome and should be sent by 5th April 1997 to Elizabeth Honer, Secretary to the Public Record Office Agency Review Steering Group, Public Record Office, Kew, Richmond, Surrey TW9 4DU.