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Written Answers

Volume 578: debated on Monday 17 February 1997

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Written Answers

Monday, 17th February 1997.

Saudi Arabia: Al Khobar Bombing

asked Her Majesty's Government:Whether they have details of the evidence and any court proceedings against the alleged perpetrators of the bombing of the Khobar Towers housing complex on 25 June 1996, or of their identities or backgrounds; and whether, considering that at the Sharm el Sheikh summit all the participants including the Saudi Foreign Minister agreed that states would co-operate more closely in fighting terrorism, they will ask the Saudi authorities to ensure that any evidence given in court is published, and that international legal norms are followed in the pre-trial and court procedures.

The Minister of State, Foreign and Commonwealth Office
(Baroness Chalker of Wallasey)

Investigations into the bombing at Al Khobar are a matter for the Saudi Arabian and United States governments, with both of whom we remain in close touch on a wide range of issues. It is for those who are conducting these investigations to make any procedural or substantive announcement once they are completed.

Oecd Conference: Social Investment

asked Her Majesty's Government:Whether they took part in the OECD conference in November 1996, Beyond 2000: The New Social Policy Agenda, and whether they agreed with its conclusion that "a social investment approach provides a useful framework for priority-setting in an environment where major increases in the fiscal burden are unacceptable".

The Secretary of State for Social Security attended this conference. We do not necessarily agree with some of the implications of the term "social investment" used by the chairman of the meeting in his conclusions. However, we welcome its focus on containment of social security expenditure and much of the discussion's endorsement of the UK's approach to social policy.

Space Plane

asked Her Majesty's Government:Whether (a) the concept being developed by the US Air Force Space Command's Integrated Concept Team for a "transatmospheric space plane" able to conduct surveillance, to disable adversary space vehicles, and to release weapons within the atmosphere against terrestrial targets is, in their view, fully compliant with the provisions of the Space Treaty; and (b) whether the Eurofighter would be vulnerable to such a military space plane.

We understand that the US Government has not yet made a decision on development of a space plane. We are assured that the US government always considers its international treaty obligations. While on the ground, Eurofighter, like any aircraft, would be potentially vulnerable to a military space plane.

Firearms (Amendment) Bill: Compensation

asked Her Majesty's Government:Whether the statement attributed to "official sources" in the

Independent of 5 February and other papers, that the cost to public funds of the amendment on compensation moved by Lord Lester of Herne Hill to the Firearms (Amendment) Bill would be £350 million, was authorised by any Minister of the Crown; and whether this figure is now regarded as an accurate estimate, notwithstanding the refusal of Ministers to give such a figure to Parliament.

The reports refer to guidance given by Home Office officials in response to press enquiries concerning shooting organisations' estimates of the compensation which would be payable under the Firearms (Amendment) Bill. The guidance was intended to give an assessment of the potential scale of compensation and was not presented as a final and accurate estimate.

Hong Kong: Public Order Laws

asked Her Majesty's Government:Whether the recommendation of the Peking appointed Hong Kong legal group that parties planning a demonstration must obtain police permission to do so differs from the provisions of the Criminal Justice and Public Order Act 1994, and if so in what ways, given that the courts have recently ruled that there is now no right without police authorisation to hold peaceful, non-obstructive demonstrations on the highways in England.

I understand that under the current legislation it is necessary to seek approval from the Hong Kong Commissioner of Police for a procession consisting of 30 persons or more. A Peking-appointed Preparatory Committee for the Hong Kong Special Administrative Region (HKSAR) has proposed that some provisions of certain Hong Kong laws should not be adopted as laws of the HKSAR. It is not certain therefore whether the laws covering public order in the HKSAR will remain the same in the future.Police permission is not needed to demonstrate in this country. Under Section 14A of the Public Order Act 1986, introduced by the Criminal Justice and Public Order Act 1994, a chief police officer may in certain circumstances apply to a district council for an order to be made prohibiting trespassory assemblies for up to four days within a given area. The purpose of such an order, which requires the Home Secretary's consent, is to prevent serious disruption to the life of the community or significant damage to land or a building or a monument which is of historical, architectural, archaeological or scientific importance.

Floating Prison

asked Her Majesty's Government:Whether they have approached the local authority for Portland, Dorset, in connection with plans for using a ship or barge to accommodate prisoners or detainees; and, if so, when they expect such plans to become effective.

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 Hylton from the Director General of the Prison Service, Mr. Richard Tilt.

Lady Blatch has asked me to reply to your recent Question about the Prison Service's plans to use a floating prison at Portland, Dorset.

The Prison Service has bought the floating prison the "Resolution" (which is to be renamed the "Weare") and it is now undergoing repair and renovation in New York. An application for planning consent has been submitted to Weymouth and Portland Borough Council and was considered by a full meeting of the council on 6 February. The council rejected the application, which has now been referred to the Secretary of State for the Environment and it is hoped that a decision will be reached in mid-March.

Cultural Property: Unesco Convention

asked Her Majesty's Government:Whether they now foresee the ratification of the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property and whether there are other legal safeguards against the import into this country of looted antiquities.

The Parliamentary Under-Secretary of State, Department of National Heritage
(Lord Inglewood)

While Her Majesty's Government has always supported the principles laid down in the 1970 UNESCO Convention, ratification would pose a number of problems. For example, we consider the definition of cultural property to be too wide-ranging and too open to different interpretations; and giving effect to the provisions of the convention would involve a formidable bureaucracy.

It is not an offence to import into this country antiquities which have been illegally excavated in and exported from their countries of origin. However, an EC Directive on the return of cultural objects unlawfully removed from the territory of a member state has been implemented into UK law. This provides a mechanism whereby another member state may request the return of a cultural object which is a "national treasure" and which falls within the scope of the directive if it was unlawfully removed from the requesting state on or after 1st January 1993. In particular, the following categories of object within the directive's scope are of relevance to claims for the return of antiquities:

"archaeological objects more than 100 years old which are the products of:

land or underwater excavation and finds,

archaeological sites,

archaeological collections;" and

"elements forming an integral part of artistic, historical or religious monuments which have been dismembered, more than 100 years old."

In the case of these objects there is no monetary value test of eligibility for return.

In addition, there are mechanisms in place via Interpol and the police for the recovery of any objects which have been stolen.

Employment Of Children

asked Her Majesty's Government:What reduction there has been in the illegal employment of children estimated in 1996 as 1.5 million; which are the main fields of such employment; how does the UK position compare with that of other EU countries; and what steps are being taken to reduce it further here.

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

Information on the numbers of children employed is not collected centrally, although various independent estimates have been made. Information on the situation in other European Union countries is not routinely collected. It is for local authorities to take such steps as they consider necessary to address any instances of illegal employment they may encounter.

Gas Safety Regulations: Effect Of Amendment

asked Her Majesty's Government:Further to the Written Answer given by the Earl Ferrers on 4 February (

WA 141), what annual reduction in fatalities they expect to result from the introduction of the Gas Safety (Installation and Use) (Amendment) (No. 2) Regulations 1996

(SI 1996/2541), divided between (i) houses in multiple occupation and (ii) other let accommodation.

The second amendment to the Gas Safety (Installation and Use) Regulations 1994 (as amended) came into force on 31 October 1996. At this stage, therefore, it is too soon to make a valid assessment of the number of tenants' lives which may be saved as a result of the duties which were imposed on relevant landlords by that amendment.

Sustainable Development: White Paper

asked Her Majesty's Government:When they will publish the White Paper on sustainable development.

We will publish This Common Inheritance: UK Annual Report 1997 tomorrow, Tuesday 18 February 1997. Copies will be placed in the Library. The White Paper reports progress during 1996 in meeting the commitments which we made in previous White Papers and in the 1994 United Kingdom sustainable development strategy, as well as making commitments for future action. In particular, it highlights our new priorities for the year ahead and brings together the main quantified targets, which have already been agreed by Government or are under consideration.

Minerals Compensation Regulations

asked Her Majesty's Government:When they will publish the results of public consultation on new minerals compensation regulations.

Public consultation on the new minerals compensation regulations closed on 24 January. Thirty three responses were received by my department. A summary of the main points has been placed in the Library of the House, together with a government response. The regulations have been laid before Parliament today and are subject to approval by Affirmative Resolution in both Houses. We are also making available in the Library a monitoring report, which was published in October 1996, which shows how the compliance costs associated with the minerals reforms which were introduced by the Environment Act 1995 have been assessed.

Single Currency: Effect Of Uk Adoption

asked Her Majesty's Government:Whether non-EU countries would be affected by a decision by the United Kingdom to abandon sterling in favour of the ECU, and whether they have been in communication with the governments of any such countries.

Countries which use sterling or a currency linked to sterling would be affected if the United Kingdom were to adopt the single currency. Business and individuals from outside the European Union which use sterling would also be affected in such circumstances. The Government are in regular contact with the governments and administrations of many countries on a range of economic and financial issues, including economic and monetary union.

Us Nuclear Strategy: Allegation

asked Her Majesty's Government:Whether they accept the view of William M. Askin in

The Bulletin of Atomic Scientists that Strategic Command in Omaha, USA, is developing a new nuclear war strategy to maximise fallout and radiation; and, if so, what are the implications for their defence and arms control policies.

Internal thinking about nuclear matters in the US is a matter for the US Government. All NATO allies agree that the purpose of nuclear weapons is political: to preserve peace and prevent coercion.

Advanced Concept Technology Demonstration Programmes

asked Her Majesty's Government:Whether the Ministry of Defence is considering taking part in the US Defense Department's Advanced Concept Technology Demonstration Programs, and, if so, in which.

A fully reciprocal Memorandum of Understanding covering Advanced Concept Technology Demonstration (ACTD) programmes was signed by the UK and US Governments in August 1996. My department currently participates in two ACTDs: "Synthetic Theatre of War 1997" and "Joint Countermine". UK involvement in the "Miniature Air-Launched Decoy" and "Navigation Warfare" programmes is also being discussed, and a watching brief is maintained over the remaining ACTDs.

Nuclear Test Veterans: Human Rights Commission Finding

asked Her Majesty's Government:How much they propose to pay nuclear test veterans following the finding of the European Commission of Human Rights that the convention had been violated and that compensation should be paid to veterans for material and non-material damage.

The European Commission of Human Rights concluded that there had been a violation of Article 6(1) of the Convention, in that the applicants did not enjoy a right of effective access to the Pensions Appeal Tribunal because of a lack of access to relevant records. As the case has now been referred to the European Court of Human Rights, the payment of compensation does not fall to be considered at this stage. The Government dispute the Commission's findings and will contest this case.

Mod Properties: Disposals

asked Her Majesty's Government:What progress the Ministry of Defence has made in the disposal of its empty homes.

The targets for disposal of 1,500 homes by April 1996 and a further 2,500 by the end of summer 1996 were not only achieved but significantly exceeded as the total number of disposals reached 5,348 properties.

Gurkhas: Terms And Conditions Of Service

asked Her Majesty's Government:When they expect to announce the result of the Ministry of Defence review of Gurkha terms and conditions of service.

The terms and conditions of service for Gurkhas serving in the British Army are set out in the 1947 Tripartite Agreement (TPA) between the Governments of Nepal, India and the United Kingdom to enable Gurkha troops to be recruited and employed in the Indian and British Armies on a broadly comparable basis. The last major review of Gurkha terms and conditions of service took place in 1955. Since then, the British Army Gurkhas have been increasingly widely deployed and dispersed. Conditions of service have necessarily been adjusted to take account of local factors, although basic pay and the level of accompanied service have not departed from the guidelines set out in the TPA. Over time, such adjustments have led to significant anomalies. For example, Gurkhas are currently paid markedly different rates, depending on the country in which they serve, their marital status and whether they are accompanied, with a consequent threat to the morale of those on significantly lower incomes.Taking advantage of the drawdown in Hong Kong and the relocation of most of the Brigade to the UK, the MoD has undertaken a major review to restore fairness and equity across the brigade. As a result, revised terms and conditions of service will be introduced from July 1997. The main elements are set out below.Basic pay will continue to be set in accordance with the Indian Army pay code in line with the requirements of the TPA, but a universal addition to basic pay will be introduced in place of the current anomalous system of allowances. This will standardise Gurkha pay across different geographical areas, and bring Gurkha take-home pay broadly into line with that received by British soldiers. So far as Gurkhas stationed in the United Kingdom are concerned no soldier will suffer a reduction and many will gain. In Brunei and Nepal, the great majority of soldiers—those who are married unaccompanied ranks—will benefit from the changes. Gurkha married accompanied personnel in Brunei and Nepal will, however, experience a reduction in their take-home pay, which is currently significantly higher than that of other members of the brigade.Married accompanied service is to be made available in the United Kingdom. In keeping with the tripartite agreement, which specifies that up to 25 per cent. of Gurkha officers and soldiers will be provided with family accommodation, sergeants and below will be granted one three year accompanied tour and the more senior ranks will be permanently accompanied. This reflects the basis upon which married accompanied service is available in Brunei and Nepal and was provided to those serving in Hong Kong. Some 450 married quarters will be made available at locations in the United Kingdom where about 2,000 members of the Brigade of Gurkhas will be stationed. We expect that under these arrangements some 900 Gurkha dependants, wives and children, will come to the United Kingdom.Gurkha parents will have the option of sending their children to school in the UK, or of taking advantage of a new Gurkha education allowance to enable them to enjoy the benefits of continuity of education within the Nepali system. We expect that most will choose the latter course, relying on Nepali boarding schools and looking to relatives to provide care and support for the children in their absence. There will be an entitlement of one free flight a year to enable children to be united with their parents in the UK during the long Nepali school holiday.The present entitlement of Gurkha soldiers to long leave every three years will remain. This recognises the continuing importance we attach to keeping the Gurkha soldier in touch with his home culture and roots. But the entitlement will be reduced from six to five months to take account of improved internal communications in Nepal.We also intend to transfer resettlement training from Nepal to the United Kingdom. This will provide Gurkhas with a much wider choice of training, while ensuring they continue to undertake a re-orientation course in Nepal before discharge from the British Army. We intend to retain the Queen's Gurkha Officer Commission for the majority of officers in Gurkha units, but we shall also take the opportunity to introduce a new Gurkha Short Service Commission for a limited number of suitably qualified Gurkha officers to allow them to gain wider employment within the wider British Army.I am confident that this package represents a significant improvement over current arrangements while continuing to respect the tripartite agreement. It also recognises and gives continued substance to the Gurkhas' position as an integral and valued component of the British Army. I am sure that it will be well received by the brigade.