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Written Answers

Volume 578: debated on Wednesday 26 February 1997

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Written Answers

Wednesday, 26th February 1997.

Sudanese Refugees In Uganda

asked Her Majesty's Government:Whether they consider that the growing number of refugees from the Sudan in refugee camps in Uganda justifies further special aid as either direct action by the United Kingdom or through international aid agencies.

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

UNHCR estimate there are 230,000–240,000 Sudanese refugees in Uganda. There has been no marked increase in numbers over the past year—and conditions in both long-term and transit camps are relatively good.Since 1991 the UK has committed over £2 million bilaterally to support NGO programmes to help Sudanese refugees in Uganda. Additional support has also been provided through the EU and UNHCR, to which we are major contributors. We are prepared to help further as urgent needs arise.

Pension Rights On Divorce

asked Her Majesty's Government:When they intend to publish a White Paper dealing with the treatment of pension rights on divorce.

The Government published a Green Paper on this topic in July 1996. We promised that, following the consultation period, a White Paper would be published in the spring.We have today published the White Paper

Pension Rights on Divorce (Cm 3564). Copies are in the Library.

The Arts: Tax Treatment Of Corporate Donations

asked Her Majesty's Government:Whether they will consider making private sector donations to the arts tax-deductible to encourage the private sector to match National Lottery grants and, if so, what would be the cost to the Treasury of such a scheme.

As most arts organisations are charities, corporate donors can already receive tax relief for donations they make to them both under the Gift Aid scheme and by deed of covenant. The Government therefore have no plans to change the tax treatment of donations made to the arts.

Longer Term Road Schemes, Scotland And Northern Ireland

asked Her Majesty's Government:Further to the Written Answer given by Viscount Goschen on 10 February

(WA 8), whether they will list separately the longer term road schemes which have likewise been deferred in other parts of the United Kingdom.

In Scotland, three schemes which it had been intended to start in the period up to 1999 have had to be deferred for future consideration. These are the A.68 Dalkeith Northern By-pass, the A.92 Balmedie to Tipperty and the A.830 Arisaig to Kinsadel.In Northern Ireland the following schemes have been deferred from the five-year major works programme for the period 1996/97–2000/01 which was announced in February 1996:

SchemePrevious programme start dateTotal estimated cost £ million
Omagh Through-pass slip road1996/970.5
A.26 Antrim-Ballymena Stage 31997/983
A.2 Limavady By-Pass Prelim Contract1997/980.8
A.2 Limavady By-Pass Stage 1 (Earthworks)1998/992.1
Limavady By-Pass Stage 2 (Bridgeworks)1999/002.2
Limavady By-Pass Stage 3 (Roadworks)2000/012.9
Strand Road Londonderry Stage 21997/981
A.26 Windyhall Dualling Coleraine1998/990.9
Comber By-Pass Stage 21998/993.1
A.5 Garvaghy Omagh1999/000.5
Northway Portadown1999/001.3
A.5 Leckpatrick Strabane1999/000.8
A.6 Toome By-Pass2000/012.3
Details of the revised trunk road programme for Wales will be published in the Welsh Office departmental report to be issued shortly.

Retention Of Case Papers

asked Her Majesty's Government:What are the provisions on the retention of case papers in the code of practice prepared under the Criminal Procedure and Investigations Act 1996.

My right honourable friend published a draft code on 4 July 1996 for consultation, modified it in the light of representations received, and laid it before Parliament on 18 December. The draft code required each chief police officer to develop his own policy on the retention of case papers, taking account of certain specified criteria. He received representations that the code should prescribe a national policy on this issue so that each police force followed the same practice. The version of the code which he laid before Parliament on 18 December contains a national policy, in that it requires each police force to retain all material obtained by the police in the course of a criminal investigation which might be relevant to the investigation at least until the conclusion of the trial; and, if the case resulted in a conviction following a not guilty plea, then to retain the material for a further minimum period of one year following summary conviction or three years following conviction on indictment.At present, police forces are not subject to any statutory requirement to retain material for any specified period. Each police force has its own policy and there is no common practice. The effect of the provisions in the code is to increase protection for defendants by inserting a statutory minimum retention requirement where none exists at present. These provisions leave untouched the current ability of the police to retain material for any length of time beyond that. In very serious and high-profile cases, my right honourable friend would expect the police to continue to retain material for a long time, as they have tended to do under the informal arrangements which currently exist.Nevertheless, in the light of concerns expressed recently about these provisions, he has concluded that the interests of justice would be better served by an alternative set of requirements. Accordingly he intends to amend the code of practice so as to require the police to retain material at least until the end of the trial; and then, in the event of a conviction, either until the convicted person is released from custody, if the court imposes a custodial sentence, or until six months from the date of conviction, if the court imposes a non custodial sentence. Where a convicted person is given a short custodial sentence and would be released within six months of conviction, material would still have to be retained for at least six months. If an appeal is in progress at the end of one of these periods, or an application is being considered by the Criminal Cases Review Commission, the period will be extended until the appeal is concluded or the commission makes a decision on the application.My right honourable friend will lay an amended code of practice before Parliament on Thursday, 27 February.

Evidence Acquired By Intrusive Surveillance

asked Her Majesty's Government:Whether, when the police have obtained film by bugging private premises, they retain unrestricted control over its subsequent use.

Not in all cases. Some material obtained through the use of intrusive surveillance is used only for intelligence purposes and will remain in control of the police. However, other material is used as part of the evidence in court proceedings. In those cases, the material will be made available to the prosecution and will also be disclosed to the defence. If it is not to be used but there is a prosecution, it will form part of the unused material and it will be a matter for the courts to decide how it should be used.

Firearms Dealers: Compensation

asked Her Majesty's Government:Further to the statement made by Baroness Blatch on 4 February 1996 (H.L. Deb., col. 1593) as to the Government's satisfaction that their proposals for compensation under the Firearms (Amendment) Bill meet the requirements of the European Convention on Human Rights, what are their reasons for concluding that the denial of compensation to registered firearms dealers for the destruction or blighting of their licensed businesses as a result of the Bill would be in accordance with each of the general rule, the deprivation rule and the control of use rule contained in Article 1 of the First Protocol to the Convention, interpreted by the European Court of Human Rights in cases such as

Sporrong v. Sweden and Tre Traktorer Aktiebolag v. Sweden as requiring the striking of a fair balance and the payment of compensation to individuals to avoid their carrying an excessive and disproportionate burden; and

Further to the statement made by Baroness Blatch on 4 February 1996 (H.L. Deb., col. 1593) as to the Government's satisfaction that their proposals for compensation under the Firearms (Amendment) Bill meet the requirements of the European Convention on Human Rights, whether they consider that the denial of compensation to registered firearms dealers for the destruction or blighting of their licensed businesses as a result of the Bill would (a) be fair to such dealers; (b) would avoid such dealers having to bear an excessive burden for the enactment of the Bill; and, if so, what are their reasons.

The Government have carefully considered this matter. We are satisfied that our compensation proposals are in accordance with our obligations under the European Convention on Human Rights.We consider that those proposals properly address the question of striking a fair balance, as interpreted in the cases referred to, within the margin of appreciation which the United Kingdom enjoys to determine measures of control over the use of property in accordance with the general interest. We do not consider that the effect of the Bill on firearms dealers will amount to depriving them of the use of their business in the sense meant by Article 1 of the Convention. Firearms dealers will receive compensation for their stocks of newly prohibited firearms and ancillary equipment. We believe that it would be unfair, and would not represent a fair balance between the demands of the general interest of the community and the requirements for the protection of the individual's fundamental rights, if we were to establish a precedent which meant that compensation was to be paid for any loss of business which might result from legislative requirements imposed in the interests of public safety.

Paedophilia

asked Her Majesty's Government:Whether in the light of widespread public concern they have considered the establishment of a Royal Commission to consider the effects and consequences of paedophilia.

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

The Government are committed to doing all they can to combat the problem of paedophilia. We have introduced a number of important legislative measures this session to strengthen the protection of the public, and in particular children, against sex offenders. A review by Sir William Utting is also under way, looking at the adequacy of existing safeguards for children looked after away from home. We do not consider that a Royal Commission would add significantly to these initiatives.

Equal Opportunities Commission

asked Her Majesty's Government:Further to the Answer given by Lord Henley on 9 December

(WA 76–77), which set out the qualifications for appointment to the Equal Opportunities Commission, whether, in the light of the fact that there are only three men out of a total of 13 commissioners, they will institute an enquiry into whether the appointments board itself is discriminating against male applicants, or alternatively request the Equal Opportunities Commission itself to institute a study into why so few men possess the qualities necessary for appointment to the commission.

Appointments to the Equal Opportunities Commission are made by the Secretary of State. Since July 1996, she has done so on the basis of comments from an interview panel following the recommendations of the Nolan Committee.Four of the present commissioners are men.Since 1994, five of the 13 new appointees to the commission have been men. For the most recent round of appointments, some 470 applications were received in response to newspaper advertisements, of which 230 were from men and 240 from women. Of the four appointments announced on 23 January 1997, two were men.In the light of these figures and current procedures, the Government do not believe there is a need to take the further action proposed by the noble Lord.

asked Her Majesty's Government:Further to the answer given by Lord Henley on 9 December

(WA 77–78) whether, in the interests of equality, they will now ask the Equal Opportunities Commission to consider whether the Women's National Commission should be abolished.

No. The Women's National Commission was established in 1969 in recognition that women were seriously under-represented in places where decisions are made. The position has improved to some extent since then, but I know the Equal Opportunities Commission would agree with the Government and the Women's National Commission that full equality between women and men has not yet been achieved. Both organisations have their distinct part to play.

Dr Jawad Hashim: Payments To Counsel

asked Her Majesty's Government:Further to the Answer of the Lord Chancellor on 10 October 1994 (H.L. Deb.,

WA 94), what is the total sum paid out of the legal aid fund to each of the four counsel named concerning the proceedings between Dr. Jawad Hashim and the Arab Monetary Fund.

The total paid to each counsel is as follows:Mr. Colin W. G. Ross-Munro QC, £767,200.Mr. Ian Brownlie QC, £69,178.Mr. Hugo A. M. Page, £531,734.Mr. Adam V. S. Lewis, £194,205.The above figures represent the total amounts paid to date on account. Final costs will not be known until final bills have been submitted and the bills have been taxed. The figures include the main actions between Dr. Hashim and the Arab Monetary Fund and related proceedings.

Gulf War: Use Of Organophosphate Pesticides

asked Her Majesty's Government:When they expect to make available to the House the findings of the further investigation, into the advice given to Defence Ministers concerning organophosphate pesticide use during the Gulf War, announced by the Earl Howe on 10 December 1996 (H.L. Deb., col. 956).

The further investigation has now been completed. It came to the following conclusions:

  • (a) The answers to six PQs in 1994 concerning pesticide usage during Operation Granby were incorrect because Ministers were given flawed advice by Service and Civil Service staff, who had obtained and used inaccurate information when preparing the draft answers.
  • (b) The submission of flawed advice concerning pesticides to Ministers in July 1994 and again in November 1994, together with repeated submissions of the same inaccurate information at later dates, constituted a fundamental failure of the working practices adopted by Service and Civil Service staff within the area of MoD concerned.
  • (c) As a result of internal confusion about the subject, MoD gave incomplete information to the HCDC in a memorandum dated 9 December 1994 concerning the non-OP pesticides which had been used during Operation Granby.
  • (d) In the course of 1995, MoD Service and Civil Service staff received a number of indications that during the Gulf War British troops might have obtained locally and also used some OP pesticides, but this information was neither assessed nor followed up properly.
  • (e) No later than early June 1996, some MoD Service and Civil Service staff knew that OP pesticides had been used more extensively during Operation Granby than had previously been reported and that this new information would embarrass the department. However, appropriate action was not taken.
  • (f) Although new information concerning OP pesticide usage during Operation Granby had emerged much earlier, MoD Service and Civil Service staff failed to provide Ministers with appropriate written advice on the subject until 25 September 1996. Thereafter Parliament was informed at the earliest opportunity that incorrect statements had been made.
  • The investigation also identified an additional occasion, in March 1995, when a ministerial private office received advice which included material relating to possible OP pesticide use in the Gulf War. A Memorandum concerning the investigation is being published today and a copy has been placed in the Library of the House, together with a copy of the letter of my honourable friend the Minister of State to the Chairman of the Defence Select Committee, dated 20 February 1997.Taken together, the six conclusions constitute serious failures in the formulation of advice within the MoD. I must once again apologise for the way in which flawed advice was presented to Parliament.

    Armed Forces: Honorary Consultants And Doctors

    asked Her Majesty's Government:How many honorary consultants and doctors are now employed in each of the Armed Services.

    Honorary consultants and doctors serving in the Armed Forces are medical officers appointed as Honorary Surgeons or Physicians to HM The Queen. The numbers in each of the Services are as follows:

    Honorary Surgeons to HM The QueenHonorary to HM Physicians The Queen
    Royal Navy33
    Army46
    Royal Air Force44
    In addition, each of the Services appoint civilian consultants, some in an honorary capacity. There are currently 60 civilian consultants to the Royal Navy who are contracted to provide clinical services when requested. They receive fees for their services and travel and subsistence costs are also payable. The Army has 74 honorary consultants whose role is to provide clinical services and assistance with postgraduate training on request. They receive no fees but travel and subsistence costs are payable. There are 52 civil consultants to the Royal Air Force who are retained on three year contracts to provide clinical services when requested. They receive fees for their services and travel and subsistence costs are payable. The Royal Air Force also has 27 honorary civil consultants who are generally retired civil consultants to the Royal Air Force and who do not take an active part in clinical care, but who retain links with the Service.

    Joint Strike Fighter: Mod Officials' Employment

    asked Her Majesty's Government:Whether any of the Ministry of Defence officials who participated in the development of the Royal Navy's requirement for a Joint Strike Fighter are now working with either of the US firms competing for the contract.

    Under my department's regulations, such officials are required for two years after leaving Crown services to apply for permission to accept employment with either of the US firms competing for the next phase of the Joint Strike Fighter programme. No such applications have been received.

    Defence Medical Services Organisation

    asked Her Majesty's Government:What progress has been made in restructuring of the Defence Medical Services.

    The Defence Medical Services Organisation (DMSO) is established primarily to provide medical care for service personnel deployed on operations. This is a vital task. To provide this capability, the DMSO must comprise peacetime structures and a recognised training base which can produce uniformed medical personnel with the right skills and in sufficient numbers to meet forecast operational demands. That peacetime structure can also make a significant contribution to the provision of secondary medical care for all service personnel and, in certain circumstances, for their dependants. To facilitate effective training, it works closely with the NHS.Since 1984 there has been a series of separate studies into the Defence Medical Services, aimed at rationalising an area which was consuming over 2 per cent. of the defence budget and adapting them to the changing strategic environment. This work culminated in the Defence Costs Study in 1994, which recommended major restructuring of the DMSO to enable it to provide sufficient rapidly deployable units, primarily manned by regular personnel, to support forces deployed on operations, and a more efficient and cost-effective support structure, including establishing a number of Agencies to provide secondary medical care and recognised training for medical personnel.These necessary changes have meant major upheavals for the Defence Medical Services which, naturally, not all those involved have welcomed. The DMSO was suffering from some shortages of personnel (particularly anaesthetists, orthopaedic surgeons and intensive care nurses—mirroring shortages in the NHS) and we are striving to improve this situation. We have established all of the key elements of the new organisations and we are now focusing on achieving the right balance in their relationships with the NHS and their function as military units in the light of experience with the operation of the new structure.Three regular field hospitals of 200 beds have now been established with permanent command and administrative staff. The clinical staff to support the field hospitals will be drawn from the Defence Secondary Care Agency (DSCA). There are currently gaps in some specialties which we look to fill, as we did in the Gulf and in Bosnia in other specialisations, by volunteer reservists under the provisions of the Reserve Forces Act 1996. We have provided the proper level of medical support to British troops on operational deployment in the Gulf, Bosnia and elsewhere.Defence planning to reflect the changing strategic circumstances has already evolved further since 1994. We have therefore set up a study team to examine whether these new circumstances, together with recent changes in medical practice, require further changes to our detailed assumptions for the provision of medical support to the front line. This should report by the middle of the year.We continue to improve our holdings of medical equipment and supplies. Two sets of containerised modular operating theatres are now in use in Bosnia. We intend to purchase more of those in the future; the next will be delivered later this year. We also plan to improve medical facilities in RFA Argus for its role as a hospital ship.At the time of the restructuring of the DMSO—which involved the closure of three service hospitals and the concentration of medical facilities at the Royal Hospital Haslar and in three MDHUs (Ministry of Defence Hospital Units) at Derriford, Frimley Park and Peterborough—waiting lists increased. They have now been substantially reduced through robust management action by the new Defence Secondary Care Agency. There is also a programme of improvements at the Royal Hospital Haslar. Most of the enhancements to the clinical facilities should be complete by June 1997, with the remaining programme of capital works (for health and safety) completed over the next two years.Work to align terms of service for medical personnel in each of the three Services and so produce a more cohesive DMSO is well in hand. The first measures will be implemented in April. Naval and army medical and dental officers will be allowed to extend their short service commissions in line with current RAF policy to enable them to complete their clinical training in uniform, and there will be a common return of service for that training.Young officers are being attracted into the Defence Medical Services, on cadet schemes, and there are early and encouraging signs that an increasing number of them are prolonging their service to take advantage of the improved facilities and opportunities offered by the new structure. We are determined to build on this, and to provide the Armed Forces with the medical support appropriate to their needs.