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Written Answers

Volume 581: debated on Tuesday 22 July 1997

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Written Answers

Tuesday, 22nd July 1997.

Life Peers Created Since 1979

asked the Leader of the House:How many life peers have been created since the 1979 general election; and how many have taken the Whip of each of the Conservative, Labour and Liberal Democrat parties.

Excluding life peers created under the Appellate Jurisdiction Act 1876 (as amended) and peers holding writs in acceleration, 362 life peers have been created since 3 May 1979. They can be divided as follows:

  • 165 Conservative peers
  • 98 Labour peers
  • 23 Liberal or Liberal Democrat peers
  • 1 SDP peer
  • 71 Cross-Bench peers
  • 4 other
This reflects the Whip each took on their entry to the House of Lords, if any, and is based on information supplied by the various Whips' offices.

Ministers: Private Investments

asked Her Majesty's Government:Whether all Ministers are now permitted to keep substantial numbers of shares in their personal possession as opposed to the former practice of placing investments in blind trusts.

The edition of Questions of Procedure for Ministers issued in 1992 offered Ministers three means of avoiding an actual or apparent conflict of interests between their ministerial responsibilities and their private investments. These were disposing of the interest, allocating ministerial responsibilities to avoid any conflict, or, where ministers held an investment portfolio consisting of a variety of different shares, placing them in a blind trust. Ministers of this Government continue to abide by these principles.

Food Chemical Surveys: Information

asked Her Majesty's Government:What plans they have to ensure that the public are properly informed of the results of food chemical surveys.

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

The Government believe that the public should be properly informed about all food safety matters. My honourable friend the Minister of State for Agriculture, Fisheries and Food has therefore decided to make some important changes to improve the reporting of results from our regular food chemical surveys. He plans to increase the amount of information available about surveys and ensure wider publication of the results. For all relevant surveys, the full results for individual samples, including brand names, will be given. Furthermore, he will open up the food chemical surveillance programme to greater public scrutiny by publishing information on surveys to be undertaken.My honourable friend the Minister of State for Agriculture, Fisheries and Food endorsed fully the view that we must release the results fairly and provide the public with the best possible advice on their significance. These changes will benefit consumers by enabling them to make a more informed choice about the food that they buy. The only surveys which will be excluded from these arrangements are those for which brand names have no bearing on the interpretation of the results, such as dietary surveys involving individual people or exploratory surveys aimed at developing analytical methods.In addition, my honourable friend the Minister of State for Agriculture, Fisheries and Food proposes to review the current arrangements for reporting surveys on pesticides, veterinary residues and microbiological safety of food which are administratively different to food chemical surveys. We will report on proposed changes to the House as soon as possible.

Maps: Circular 2/93 Guidance

asked Her Majesty's Government:What amendments they propose to make to the guidance on the interpretation of definitive statements in Circular 2/93.

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

We have revised the guidance in Circular 2/93 which deals with the interpretation of information recorded on statements which accompany definitive maps. We have written today to the Local Government Associations and others with an interest to advise them that paragraph 31 of the circular has been replaced with the following:

"Information recorded in the definitive statement about position or width or as limitations or conditions affecting a public right of way is conclusive evidence of position, width, limitations or conditions. Information may be recorded in the definitive statement which, in practice, restricts the use of the way by those whose rights to use it are recorded on the definitive map. Where such information is not about position or width, or is not recorded as a limitation or condition, highway authorities should examine the evidence in each case in order to resolve the inconsistencies."

Vehicular Rights Of Way: High Court Judgment

asked Her Majesty's Government:What advice they propose to issue on definitive maps and statements in the light of recent High Court judgments.

We have been looking at the implications of a recent High Court judgment for the evidence that is required to prove that vehicular rights of way have been established through regular use. We have concluded that vehicular rights cannot be claimed through 20 years' use (under Section 31 of the Highways Act 1980) if access to the route in question was prohibited by the Road Traffic Acts during any of those 20 years. The fact that people have driven along a footpath or bridleway does not mean it has ceased to be a footpath or bridleway. Vehicle users will not be able to claim new rights of way on the basis of past use unless the landowner has dedicated a way for their use.

Goodwin V Uk: Judgment

asked Her Majesty's Government:Whether the Committee of Ministers of the Council of Europe are satisfied that the judgment of the European Court of Human Rights of 27 March 1996 in

Goodwin v. UK has been satisfactorily executed by the United Kingdom, and if not, why not.

The judgment is still under consideration by the Committee of Ministers pursuant to Article 54 of the convention.

asked Her Majesty's Government:What measures have been taken to secure compliance by the United Kingdom with the judgment of the European Court of Human Rights on 27 March 1996 in

Goodwin v. UK, and thereby ensure that Section 10 of the Contempt of Court Act 1981 is interpreted and applied in a manner which protects journalists' sources against unnecessary disclosure, in accordance with Article 10 of the European Convention on Human Rights.

The Government do not at present believe that any measures other than the circulation of the judgment are necessary to ensure that Section 10 of the Contempt of Court Act 1981 is interpreted in accordance with Article 10 of the convention.

Written Answers: Advisory Cost Limit

asked Her Majesty's Government:Whether they will raise the advisory cost limit of £450 for answering written parliamentary Questions.

The advisory cost limit was last increased in 1993 (18 February, WA cols. 77–78) and was further increased to £500 from yesterday.The purpose and application of the advisory cost limit remain unchanged. It is intended to act as a threshold for disproportionate cost Parliamentary Questions (PQs). Any written PQ where the marginal cost of preparing the Answer is considered likely to exceed the threshold may be refused in whole or in part on the grounds of disproportionate cost. Alternatively the Minister may decide that the PQ is to be answered irrespective of cost. There is no advisory limit for oral PQs. The advisory limit continues to be based on eight times the average marginal cost for written PQs, which is now £62, rounded to the nearest £50 for convenience of application.

Ministers: Security Vetting

asked Her Majesty's Government:Which Ministers in the Ministry of Defence, Foreign and Commonwealth Office, Northern Ireland Office, Home Office and in the office of the Minister without Portfolio, had not been positively vetted before l July 1997.

It has been a policy of successive governments that Ministers of the Crown are not subject to security vetting.

Guide To Government Procedures

asked Her Majesty's Government:Whether they will publish a Cabinet Office manual providing a comprehensive, easy to use guide to central government decision-making.

Questions of Procedure for Ministers was published by the previous administration, and its 1997 successor will be published. In addition the Cabinet Office had produced two booklets Cabinet Committee Business—a Guide for Departments and Guide to Legislative Procedures. Copies of both documents are available in the Library of the House.

Ministers And The Campaign For Nuclear Disarmament

asked Her Majesty's Government:Which members of the Government are, or have in the last 10 years been, members of the Campaign for Nuclear Disarmament.

The information requested is not available. There is no requirement for Ministers to declare membership unless it would provide a conflict with their public duties.

Ec Staff: Equal Opportunities

asked Her Majesty's Government:Whether the European Commission pays sufficient attention to equal opportunities in selecting its employees.

It is for the European Commission to determine its own selection policies. The Commission has proposed changes to its staff regulations1 in respect of equal opportunities. These changes, which cover both recruitment and career development, are currently being discussed by a Council of Ministers working group. Her Majesty's Government are committed to the principle of equality of opportunity and encourage and welcome attempts by all employers to secure this.

1Amended proposal for a Council regulation amending the staff regulations of officials and conditions of employment of other servants of the European Communities in respect of equal treatment of men and women—Ref: COM(96)77 final.

Digital Broadcasting: Channel Bundling

asked Her Majesty's Government:Whether they are confident that British Digital Broadcasting will not be subject to the same problems, such as the "bundling" of programmes and price margin squeezes, as the cable companies have experienced in securing programming from BSkyB.

The question of premium channel bundling at the retail level is currently being considered by the Independent Television Commission. The Office of Fair Trading has carried out a review of BSkyB's position in the wholesale pay-TV market and sought undertakings relating to the terms of supply from BSkyB. The Director-General of Fair Trading keeps the market under close review and will be working with the ITC to ensure that similar conditions will apply to digital terrestrial television. More generally, the Government are confident that the regulators have the powers and the will to ensure that digital television develops in a climate of fair and effective competition.

Law Of The Sea Convention

asked Her Majesty's Government:Whether the United Kingdom will accede to the 1982 United Nations Convention on the Law of the Sea.

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

The Government have decided to accede to the convention later this month. The Convention has many advantages for the United Kingdom as a maritime nation with worldwide trading and other interests. The convention includes important environmental provisions. Accession will enable the United Kingdom to play a leading role in the institutions established under the convention.The United Kingdom's fishery limits will need to be redefined based on St. Kilda, since Rockall is not a valid base point for such limits under Article 121(3) of the convention. An Order in Council will be made at the first opportunity. Thereafter we shall seek to agree a fisheries boundary with the Republic of Ireland. Further legislation may be needed in due course if British Industry wishes to mine the deep seabed under the terms of the convention and the agreement on the implementation of Part XI of the convention. We shall also ratify the latter agreement, which fully meets the objections to the original terms of Part XI.

Thorp: Plutonium Recovery

asked Her Majesty's Government:How much plutonium will be produced from the THORP plant if it remains in operation through its planned 20 year life.

Reprocessing separates out the reusable uranium and plutonium present in spent fuel from the small quantity of waste. The reprocessed material is made up of, approximately, 96 per cent. of uranium, 3 per cent. waste products and less than 1 per cent. plutonium. The Thermal Oxide Reprocessing Plant (THORP) is expected to reprocess 14,000 tonnes of spent fuel in its first 20 years of operations and in the order of 100 tonnes of plutonium will be recovered during this time. The exact quantity of plutonium will be dependent on the type of fuel and the level of irradiation in the reactor the fuel originates from.All civil nuclear facilities and civil nuclear material in the UK are subject to international safeguards. The UK and the governments of all THORP's reprocessing customers observe IAEA guidelines and provisions of the Convention on the Physical Protection of Nuclear Materials. The operation of THORP is fully in accordance with the UK's obligations under the nuclear non-proliferation treaty—to which all of THORP's customer states are signatories.

Sellafield: Plutonium Recovery

asked Her Majesty's Government:How much plutonium has been produced as a result of reprocessing operations at Sellafield to date.

I refer my noble friend to the Department of Trade and Industry's annual press release, last published on 18 July 1996, which covers plutonium produced at Britain's civil nuclear power stations, reprocessing activities at Sellafield and the civil plutonium stocks. This shows that, up to 31 March 1996, there were 48.5 tonnes of separated plutonium held at Sellafield from reprocessing—which includes some of the five tonnes of plutonium that have been sold to the United Kingdom Atomic Energy Authority for fast reactor research and development. All plutonium arising from the reprocessing of spent fuel from UK civil nuclear reactors is subject to Euratom safeguards as well as stringent, internationally agreed standards of physical protection which protect against theft, sabotage and diversion of nuclear materials.Copies of the current and previous press releases are available in the Library of the House. The next press release is due at the end of this month. A copy will be placed in the Library of the House and I will send one to the noble Lord.

Lord Simon Of Highbury: Government Responsibilities

asked Her Majesty's Government:What are the precise responsibilities of Lord Simon of Highbury at the Treasury and at the Department of Trade and Industry.

As Minister for Trade and Competitiveness in Europe I am responsible in the DTI for EU internal market issues including completion of the European single market, the impact of enlargement on the market and plans for the UK presidency of the EU; for the co-ordination of EU issues generally within the DTI; and for insurance. I chair the inter-departmental taskforce on competitiveness in Europe, and attend the internal market council. I am responsible jointly with the Minister of State, Ian McCartney, for corporate governance, corporate affairs and DTI relations with the City of London. I have specific responsibility for corporate governance. I am responsible with Lord Clinton-Davis for DTI issues in the House of Lords. I perform a linking role between the DTI and the Treasury across a range of competitiveness and European issues. I undertake a project based portfolio in the Treasury on economic issues which complements my role in the DTI. I am not Treasury spokeman in the House of Lords. These duties are performed by my noble friend Lord McIntosh.

Wine Sold By The Glass

asked Her Majesty's Government:What progress is being made within the licensed trade to comply with the order for the sale of wine, in standardised glasses and at set prices exhibited at the point of sale, and what steps they are taking to establish that the legislation to this effect introduced in January 1995 is effective.

My department has received no indications from the trade that it has had any difficulties complying with the amendments made in 1990 to the Weights and Measures (Intoxicating Liquor) Order 1988 in respect of sales of wine by the glass in prescribed quantities which took effect in January 1995. My department is in regular contact with the Local Authorities Co-ordinating Body on Food and Trading Standards (LACOTS), which confirms that it is not aware of any difficulties arising from compliance with or enforcement of the provisions. The 1990 amendments did not affect the position concerning the display of prices for wine sold by the glass.

Medicines Control Agency: Framework Document

asked Her Majesty's Government:Whether they will publish the revised framework document for the medicines control agency.

We have today published the revised medicines control agency framework document and copies have been placed in the Library.

Asylum Seekers: Local Authority Costs

asked Her Majesty's Government:How much money was paid to local authorities in the last financial year to reimburse them for payments to asylum seekers under the National Assistance Act 1948.

A total of £5.6 million was paid to local authorities in 1996–97 to reimburse them for the costs of supporting adult asylum seekers under the National Assistance Act 1948.

Terminally Ill Patients: Assessment Of Suffering

asked Her Majesty's Government:Further to the answers given by Baroness Jay of Paddington on 3 July 1997 (H.L. Deb., cols. 298–301) whether they intend the reference to "suffering" to include severe distress resulting from a well founded fear by a terminally ill patient that he will die in inhuman and degrading circumstances unless given medication.

The assessment of suffering of a patient and the appropriate therapeutic action in response to that suffering is a matter for clinical judgment, within the context of the law. I refer the noble Lord to the reply 1 gave on 16 July at columns WA 112–113.

Genetically Engineered Human Blood Components

asked Her Majesty's Government:Whether cows now being genetically engineered to produce human blood components are free of BSE, and how this freedom from BSE has been established.

We are not aware of any trials of this sort, intended to produce human blood components, being undertaken in the United Kingdom, although there have been reports of such trials in the United States of America.If in the future it should be proposed to market a product in the United Kingdom based on the kind of technology mentioned, marketing authorisation would be required. The applicant would need to demonstrate that manufacture of the product complied with European guidelines for the minimisation of the risk of transmission of transmissible spongiform encephalopathies, from the committee on proprietary medical products.

The safety of blood and blood products is kept under regular review by the expert advisory committee on the microbiological safety of blood and tissues for transplantation, which advises the United Kingdom health departments. Earlier this year a United Kingdom xenotransplantation interim regulatory authority was set up to advise the United Kingdom health departments. Its terms of reference include the safety, efficacy and any other pre-conditions for xenotransplantation, from animals for human use.

Nhs Pensions Agency Report And Accounts

asked Her Majesty's Government:Whether they will approve and publish the annual report and accounts of the NHS Pensions Agency.

We have approved the report and accounts which has today been laid before both Houses of Parliament in accordance with the requirements of Section 5(2) and 5(3) of the Exchequer and Audit Departments Act 1921. Copies have also been placed in the Library.