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Written Answers

Volume 581: debated on Monday 14 July 1997

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Written Answers

Monday, 14th July 1997.

Defence Equipment Sale Guidelines

asked Her Majesty's Government:Whether the guidelines on the sale of defence equipment have been modified.

The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office
(Baroness Symons of Vernham Dean

The detailed criteria used in considering licence applications to export conventional arms are currently under review. The new criteria will be made available to the House when the review is complete. In the meantime, officials have been instructed to consult Ministers whenever there are export licence applications which may raise concerns about human rights or international stability.

Intelligence Services Act: Commissioner's Recommendation

asked Her Majesty's Government:Whether they will take action on the recommendation, in paragraph 21 of the report by the commissioner under the Intelligence Services Act 1994 dated June 1997, that the Act be amended to extend the power of the tribunal to deal with certain complaints more satisfactorily.

The Government will be giving careful consideration to the recommendations made in the commissioner's annual report and the commissioner will be informed to the outcome.

Women's National Commission

asked Her Majesty's Government:Why the announcement of their plans for women's matters included no reference to the Women's National Commission.

The two major objectives of my right honourable Friend the Secretary of State for Social Security and Minister for Women and my honourable friend the Parliamentary Under-Secretary of State are to have a new dialogue between women and government and to ensure delivery of the Government's commitments to women.My honourable friends attach great importance to building a new bond of trust between women and government. Government must reflect the views of all women and ensure that the channels of communication between women's organisations and government are strengthened. The Government are reviewing the role and status of the Women's National Commission.

Nato: Civil And Parliamentary Oversight

asked Her Majesty's Government:Whether, if NATO is now to undertake political and other civil activities, they consider a greater degree of transparency and civil and parliamentary oversight to be necessary, given the dominance of the United States in the organisation.

NATO has undertaken political and civil activities since its inception. The Alliance's sixteen governments are all democratic and subject to parliamentary oversight. This House has debated NATO issues several times recently including at the noble Lord's instigation and my noble friend the Leader of the House has undertaken to ensure that the House has the opportunity for a debate on NATO expansion.Members of the Parliaments of the NATO member states discuss NATO issues both nationally and collectively, in the latter format on a regular basis in the North Atlantic Assembly.The Government do not consider that any further provisions for transparency or civil or parliamentary oversight are necessary.

Osce States' Bilateral Military Relations

asked Her Majesty's Government:Whether they are fully informed by the US and by the other countries of the scale and scope of bilateral military relations, including military funding, in the whole Organisation for Security and Co-operation in Europe area and whether they are satisfied with the situation.

OSCE countries, including the United States, are under no formal obligation to inform each other of the details of their bilateral military relations, but are encouraged under the Vienna Document of 1994 to exchange such information. Many, including the UK, US and, recently, Russia, provide such information and we continue to encourage as much transparency as possible in this area from all signatories. OSCE states are also required under the Vienna Document to provide annually information on their national defence planning and military budgets.

Bomb Test Drop

asked Her Majesty's Government:Whether they consider that the US Air Force's plans to test-drop B61–11 earth penetrating bombs from a B-2, as part of a series aimed at defining the repackaged nuclear weapon's aero-ballistic dispersion patterns, are compatible with the spirit of the nuclear test ban.

The Comprehensive Nuclear Test Ban Treaty bans nuclear weapon test explosions and any other nuclear explosions. It does not place any constraints on tests of bombs which do not involve such explosions.

Defence Exports: End-Use

asked Her Majesty's Government:By what methods and through which agencies they expect the monitoring of the end-uses of arms and ammunition exported from Britain to be carried out.

Work is in hand to consider how to strengthen monitoring of the end-use of defence exports in line with our commitment to prevent diversion to third countries and to ensure that exported equipment is used only on the conditions under which the export licence has been granted. Ministers have yet to take any decisions on what methods and through which agencies they expect the monitoring of the end-uses of arms and ammunition exported from Britain to be carried out. These matters are under active consideration. But we are also keen to build a common approach in this area within the European Union and under the Wassenaar Arrangement.

Eu Membership

asked Her Majesty's Government:Which other members of the European Community share their vision of Europe as "an alliance of independent nations".

All of them. No member state of the Union is suggesting that it should stop being an independent nation. But each is prepared to work with the other member states in the framework of the European Union where it is sensible to do so.

Turkey And The European Court Of Human Rights

asked Her Majesty's Government:Whether they will publish a table showing, for each of the years 1990 to 1996, the number of applications brought against Turkey at the European Commission of Human Rights; the number declared admissible; the number of cases referred to the Court; and the number of judgments of the Court, distinguishing between those where the Court found in favour of the applicant and of Turkey respectively.

The information requested is shown below.

1990199119921993199419951996
No. of applications8533180128187214562
No. admissible01208195737
No. of cases referred to Court00012411
No. of Court judgments of which:0000024
—in Turkey's favour0000000
—against0000024

Georgia: Cis Peacekeeping Force

asked Her Majesty's Government:Whether they have been informed by the Georgian government of its threat not to renew the mandate of the CIS peacekeeping force when it expires on 31st July unless the force's area of operations is expanded in line with the decision of the March CIS summit; if so, at what point they understand Georgia will notify the Secretary-General or the President of the Security Council of its firm intention not to renew the mandate; whether they will ask for a meeting of the Security Council, to review the position of UNOMIG well in advance of the actual withdrawal; and whether they will make representations to the Georgian government concerning the impact which such developments would have on Georgia's relationships with other states, particularly those which are members of the OSCE.

The Georgian authorities have made the Friends of the Secretary-General on Georgia aware of their threat not to renew the mandate of the CIS peacekeeping operation when it expires on 31 July unless the force's area of operations is expanded in line with the decision of the March CIS Summit. There is no formal mechanism for notifying the United Nations of any change in the CIS peacekeeping force mandate but we would of course expect the UN to be so notified. The Georgian government is well aware of our views on the role played by the CIS peacekeeping force and the United Nations Observer Mission in Georgia (UNOMIG) and of our concerns about possible withdrawal. The position of UNOMIG will be reviewed in good time before 31 July, as its own mandate also expires on that date and would also have to be reviewed in the event of a subsequent withdrawal of the CIS peacekeeping force.

Nato: Funding For Peacekeeping Personnel

asked Her Majesty's Government:What are the arrangements for paying service personnel from non-NATO countries who are participating in (a) Partnership For Peace exercises and (b) peacekeeping operations in ex-Yugoslavia or elsewhere; and whether these payments are co-ordinated between participating governments.

The responsibility for the payment of service personnel involved in Partnership for Peace (PfP) activities or NATO peacekeeping operations lies with the government providing those forces. Limited NATO funding is available in exceptional circumstances to subsidise the travel costs and allowances of personnel from Partner nations participating in authorised PfP activities.

Strategic Defence Review: Procurement Plans

asked Her Majesty's Government:What consideration they are giving to the Ministry of Defence's procurement plans in the Strategic Defence Review.

One of the aims of the Strategic Defence Review is to ensure that the Armed Forces are properly equipped to undertake the tasks asked of them. Our procurement plans will therefore be considered as part of the review, including projects already on contract. However, during the review there will be no moratorium and projects where contracts have already been placed will continue. Decisions on major equipment programmes not yet under contract will be considered on their individual circumstances in relation to progress with the review.

Pregnancy: Protection Against Dismissal

asked Her Majesty's Government:Whether they will strengthen or clarify legal protection against dismissal for pregnancy in the light of the cases quoted on pages 58–60 of

Partnering Equality, the annual report of the Equal Opportunities Commission.

As the report notes, it is not always clear how European law on rights during pregnancy applies in particular circumstances. My department monitors developments in case law carefully and when necessary will amend published guidance where cases result in clarification of the law. As the report also says, several women have successfully claimed their rights through the courts.

Questions For Written Answer

asked the Leader of the House:In respect of each department of state since 15 May 1997, how many House of Lords Questions for Written Answer have received replies (a) within one week, (b) within two weeks but after one week, (c) within three weeks but after two weeks and (d)after three weeks.

The figures for each department of state, up to and including 4 July 1997, are set out in the table below.

Department(a)(b)(c)(d)
Agriculture, Fisheries and Food171630
Defence213110
Education and Employment54760
Environment, Transport and the Regions64700
Foreign and Commonwealth Office44640
Health311200
Home Office144010
International Development5200
Legal Secretariat to the Law Officers2000
Lord Advocate's Department0000
Lord Chancellor's Department3300
National Heritage21320
Northern Ireland Office5100
Office of Public Service0630
Privy Council Office9110
Scottish Office2600
Social Security1741
Trade and Industry21361
Treasury21332
Welsh Office0000

asked Her Majesty's Government:Further to the Written Answer by Lord Richard on 4 June (

WA 39), whether they are now able to confirm that, if so requested by a Peer, they will send the personal copy of a reply to a Question for Written Answer to him by e-mail; and, if so, how such a request should be made.

The great majority of government departments are in principle able to provide personal copies of Answers to Questions by e-mail, and willing to do so. However, a number of technical questions arise, and the House authorities and the government departments will need to satisfy themselves that these can be resolved. The Government look forward to testing this service once these steps have been taken.

Minister Without Portfolio

asked Her Majesty's Government:What are the responsibilities of the Minister without Portfolio, and to whom does he report.

The Minister without Portfolio is responsible for assisting the Prime Minister and other ministerial colleagues in implementing government policy and presenting it effectively. He has specific responsibility for the Government's interests in the Millennium Experience at Greenwich.

asked Her Majesty's Government:Who is the Accounting Officer for the office of the Minister without Portfolio.

asked Her Majesty's Government:What is the forecast total cost of the office of the Minister without Portfolio during the current financial year.

The forecast total cost of the office of the Minister without Portfolio from 2 May to the end of the current financial year is £373,000.

asked Her Majesty's Government:How many people are employed in the office of the Minister without Portfolio and what are their duties.

Five: two private secretaries supporting the Minister without Portfolio in his responsibilities for the implementation and presentation of Government policy; a diary secretary; and two personal secretaries with typing and other administrative duties. He also has an Adviser, not paid by the Government.

Department Of National Heritage

asked the Leader of the House:What plans the Government have for the Department of National Heritage; and if he will make a statement.

The Government have decided to refocus the Department of National Heritage to play a major part in the regeneration of our country for the future, working with the cultural industries, local government and the private sector to support creativity and also to create wealth and employment. As an expression of this change, the department will be renamed the Department for Culture, Media and Sport, and its responsibilities widened to include the music industries, which contribute some £2.5 billion to gross domestic product each year.My right honourable friend, who will be known as the Secretary of State for Culture, Media and Sport, will develop a new and dynamic approach to the "creative industries". He will carry through the Government's commitment to a strategic vision for the British arts, media and cultural industries that matches their real power and energy.The formal steps necessary to change my right honourable friend's title are in hand and are expected to be completed shortly.

Food Standards Agency

asked Her Majesty's Government:What is the estimated cost of the new Food Standards Agency; andWhat are the terms of reference of the new Food Standards Agency; andWhat is the proposed membership and method of working of the new Food Standards Agency.

The Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
(Lord Donoughue)

A period of consultation on the report by Professor Philip James on a Food Standards Agency has recently concluded. The Government are now considering the issues raised by the responses to that consultation, including the matters mentioned by the noble Baroness, with a view to reaching decisions on how to proceed in establishing the agency. It is the Government's intention to publish a White Paper in the autumn.

North East Drift Net Fishery

asked Her Majesty's Government:Which department or agency they intend should, following Scottish devolution, have responsibility for the north east drift net fishery; and to what extent they intend that Scotland should contribute to the costs of eliminating that fishery.

The north east coast salmon drift net fishery is regulated by the Environment Agency and is subject to the salmon and freshwater fisheries legislation applying in England and Wales; this situation will not be affected by Scottish devolution. The fishery is currently being phased out, and there are no plans to use public funds to accelerate this process.

House Of Lords Painting

asked the Chairman of Committees:Whether the informal committee on the painting of the House in session has considered selling places in the public gallery to members of the public in order to raise money for the House of Lords Art Fund.

asked the Chairman of Committees:Whether the informal committee on the painting of the House in session is prepared to consider suggestions for the title of the painting from members of the House of Lords.

The question of whether the painting is to be formally titled and, if so, who is to decide such a title has not yet been considered by the informal committee.

Criminal Trials: Judges' Summing Up

asked Her Majesty's Government:Whether they will consult about and consider whether a judge presiding over a criminal trial should continue to sum up the facts in the case as well as directing the jury in relation to the law.

The Royal Commission on Criminal Justice, which reported in 1993, considered the extent to which the judge should refer to the facts of the case in the course of his summing up, including whether he should sum up the facts of a case at all. The Royal Commission concluded that it would not be sensible to lay down a rule on how far a judge should sum up the facts of a case, as the circumstances will vary from case to case, but agreed with the views of the Court of Appeal in R v Wilson and recommended that judges should not have to give a summary of the evidence for and against the prosecution in every case.When consulted about this recommendation, the senior judiciary took the view that they were already making full use of the flexibility they currently possess, which enables them to include in their summing up only those facts of the case which they consider necessary. In the case of

Brower [1995] Crim LR 746, which was heard after the Royal Commission reported, the Court of Appeal took the view that in the majority of cases it was necessary for the judge to sum up on the facts in order to assist the jury and ensure a fair trial.

In these circumstances, the Government have no plans to consult further on this proposal.

Government Information: Access

asked Her Majesty's Government:Whether they intend to introduce legislation making it possible for individuals to request sight of their files from government departments with a view to seeing that the information held by that department is correct and, if it is not correct, to require the relevant department to record the concerns of the individuals on their respective files.

We shall bring forward this Session a Bill stengthening individuals' existing right of access under the Data Protection Act 1984 in accordance with the European Community Data Protection Directive. This will include a right of access to certain manual records. The existing right for individuals to have inaccurate data about them corrected or erased will be preserved. We shall also publish shortly a White Paper setting out proposals for new freedom of information legislation.

asked Her Majesty's Government:What are the rules and regulations which determine who can have sight of individual files kept by departments of state and whether there are any circumstances when the contents of such files can be made available to foreign governments, their officers or employees.

The rules and regulations applying to access to manual records or paper files held by government departments are contained in the Code of Practice on Access to Government Information. Files are not normally made available by government departments to foreign governments, their officers or employees.Computerised personal records are governed by the Data Protection Act 1984.

Curfew System For Children

asked Her Majesty's Government:Whether they intend to study the system of curfews for children in Germany; if so, when; and, if not, why not.

We have no plans at present to study the curfew arrangements in Germany. Instead, the Government's priority is to continue with its evaluation of curfew orders with electronic monitoring as they currently operate in England and Wales. In addition, we are also pressing ahead with proposals to introduce a Child Protection Order. However, I hope to visit Germany in September and will be examining community sentences as part of my programme.

Immigration Act Detainees, Scotland

asked Her Majesty's Government:What action they are taking to implement the recommendations of the Chief Inspector of Prisons for Scotland in his 1995 report concerning Immigration Act detainees (for example, those detained in HMP Greenock).

The location of detainees within the Scottish prison system is under constant review. Discussions have taken place with the Scottish Prison Service to consider the provision of an immigration detention centre in Scotland, but it was found that, due to the relatively low numbers of persons held in Scottish prisons under sole immigration powers, it would be difficult to justify a custom built facility for Immigration Act detainees.

Official Secrets Act

asked Her Majesty's Government:What steps they now propose to take to ensure that all those who are subject to lifelong duties under the Official Secrets Act continue to observe them, especially when they take up employment with foreign defence firms.

The Official Secrets Act 1989 is designed to strike a balance between penalising individuals for disclosures of trivial information, and protecting information which might seriously damage the national interest. We have no plans to review its operation in relation to any particular category.

Income-Related Benefits

asked Her Majesty's Government:Further to Lady Hollis of Heigham's remarks on 3 June (HL Deb., col 632) indicating that it would cost £1.9 billion to raise income-related benefits by £5 a head, how many people would need to come off benefit to render such an increase cost neutral.

The Parliamentary Under-Secretary of State, Department of Social Security
(Baroness Hollis of Heigham)

£1.9 billion is the cost of the current benefit entitlement of around 500,000 claimants. The Government have no plans to raise income-related benefits by £5 a week.

Education: Age Participation Rates

asked Her Majesty's Government:What the "age participation rate for 1992" for the United Kingdom, published by the OECD in 1995 in

Education at a Glance was; and what the age participation rate for the UK was, calculated on the same basis, at the most recent date for which data are available.

The Minister of State, Department for Education and Employment
(Baroness Blackstone)

The age participation rates for 1992 for the UK were 56.71 at age 17 and 33.61 at age 18. Figures on the same basis for, 1995, the latest year for which data are available, are 59.81 and 39.81 respectively. These figures refer to full-time enrolments. They are not comparable to the estimates for 1994 for the UK and other countries published in the 1996

Accidents and Casualties involving stationary vehicles on Motorway hard shoulder/lay-bys: Great Britain 1989–1996
Number of Accidents
Accident Severity19891990199119921993199419951996
Fatal1719111318101012
Serious3840272118162814
Slight4949465046465035
Total104108848482728861
Number of Casualties
Casualties19891990199119921993199419951996
Fatal1923131433111113
Serious5455413235223928
Slight1381381241001118512576
Total211216178146179118175117

edition of Education at a Glance, as these include part-time enrolments.

1 per cent.

Water Fluoridation

asked Her Majesty's Government:Whether they will arrange a meeting with the water companies to discuss the workings of the Water (Fluoridation) Act 1985.

The Water (Fluoridation) Act 1985 is incorporated in the 1991 Water Industry Act. We are currently looking at many aspects of public health policy, including water fluoridation, and will arrange meetings where appropriate.

Motorway Hard Shoulder Accidents

asked Her Majesty's Government:How many road accidents have been reported involving stationary vehicles on motorway hard shoulders in each of the years 1989 to 1997; and how many people were (a) killed and (b) injured in these accidents.

The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions
(Baroness Hayman)

The latest available statistics are shown in the following tables. Road accident data for 1997 will not be available until 1998.