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Written Answers

Volume 590: debated on Wednesday 3 June 1998

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Written Answers

Wednesday, 3rd June 1998.

Capital Gains Tax

asked Her Majesty's Government:What are their proposals for the reform of capital gains tax. [HL2028]

The proposals are as set out in the Finance (No. 2) Bill, which is currently before the House of Commons.

Resuscitation Training Models: Vat

asked Her Majesty's Government:Whether they propose to impose VAT on resuscitation dolls used by St. John's Ambulance personnel; and what would be the cost of this to St. John's Ambulance. [HL1990]

Resuscitation training models have been subject to the standard rate of VAT since the introduction of the tax in 1973. Customs and Excise are unable to identify separately the VAT yield from these particular goods.

Tenant And Landlord Service Charge Disputes

asked Her Majesty's Government:Whether they will make a further commencement order in respect of the Housing Act 1996, enabling disputes over the reasonableness of service charges between landlords and long leaseholders on which court proceedings began before 1 September 1997 to be transferred to leasehold valuation tribunals. [HL2083]

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

Today we are publishing for consultation proposals which should be welcome to a number of those leaseholders who have not so far been able to take advantage of the improved arrangements for dealing with service charge disputes under the Housing Act 1996.Section 83 of that Act allows a residential tenant or landlord to go to the Leasehold Valuation Tribunal (LVT) rather than to a civil court when seeking a decision on whether or not service charges are reasonable. It also gives the court discretion to transfer to the LVT any question relating to the reasonableness of service charges which falls within the tribunal's jurisdiction. This provision came into effect on 1 September 1997 but it has not so far been applied to cases where court proceedings had begun before that date. Representations have been made that this exclusion is unfair.Under the further Commencement Order proposed today, the court's discretion would also apply to cases where proceedings had begun before 1 September 1997. This would allow the courts to consider whether the interests of justice would best be served by transferring a service charge dispute in such a case to the LVT.Subject to consultation, the proposed further Commencement Order should bring these new measures into effect in August 1998. Tenants involved in proceedings which started before 1 September 1997 may wish to take legal advice about the implications of these proposals.

Index Of Local Deprivation

asked Her Majesty's Government:When they will publish the updated Index of Local Deprivation.

We have today placed in the Library copies of a summary of the 1998 Index of Local Deprivation. The Index of Local Deprivation combines 12 up-to-date measures on different aspects of deprivation into a single indicator for all local authority districts in England. The index will be used as background information for the development of regeneration policy and programmes. A further review of the index will be commissioned later this year to take account of new data sources relevant to deprivation, which will include income support statistics for areas smaller than local authority districts. [HL2084]

Termite Infestation, Saunton, North Devon

asked Her Majesty's Government:What action they are proposing to take to control and eradicate the infestation of termites at Saunton, North Devon. [HL2085]

We are determined to do everything possible to contain and destroy the termite infestation at two properties in Saunton, North Devon. Our priority is to stop the infestation spreading and to destroy it at source.We can therefore announce that the Government will fully fund a 12-year eradication and control programme, costing some £190,000, which will start immediately the consent of the affected owners has been received.As I indicated on 28 April 1998

(Official Report, vol 589, cols. 150–153), when the presence of this reinfestation became known the Government asked the Building Research Establishment (BRE) to explore, as a matter of urgency, the optimum means of eradicating the termites. The programme—which has been drawn up at my request by the Building Research Establishment together with experts from agencies

including the Pest Management Unit of Imperial College (London), the Natural Resources Institute and CTBA-BIOTEC, France—will be based on close monitoring within 500 metres of the affected properties followed by baiting using an insect growth regulator which will prevent the developing insects from maturing.

The Government have accepted these proposals as the best way forward, and the consortium led by the BRE has been asked to implement the eradication strategy forthwith. The proposal, based on the existing knowledge of the extent of the infestation, is to survey and monitor an area within a 500m radius of the known infestation, but to install a more intensive monitoring grid in the grounds of the two affected properties and within a 200m radius of them. If surveys show that the activity extends beyond this area, it will be extended. Once activity is detected within the monitoring stations a baiting system using a commercial system based on the insect growth regulator hexaflumuron is proposed to be installed. Bait stations would also be installed at suitable locations within affected timbers in the infested properties. Monitoring will continue for up to 10 years after activity has ceased in order to ensure that the treatment has indeed been effective. The work is dependent upon the co-operation of all property and landowners within this area, and officials in my department are seeking their permissions as a matter of urgency.

It should be stated that it is not possible to be certain of the outcome. The BRE report stresses that total eradication of a termite population is not normally considered feasible in other countries where the termite is endemic. However, since the population appears to be very restricted in this country, on the basis of the knowledge that this is a single infestation centred on two adjacent properties, we are assured by the experts that there is a high probability of success in eradicating the termite colony.

As it is considered essential to do all possible to curtail this infestation before it spreads further, the Government have undertaken to fund the full cost of the eradication and monitoring work.

Reservoirs Act 1975: Proposed Amendments

asked Her Majesty's Government:What steps they are taking to simplify the procedures in the Reservoirs Act 1975 for making appointments to panels of civil engineers and for enforcing the safety provisions of the Act. [HL2086]

We have today issued a consultation paper, jointly with my right honourable friends the Secretaries of State for Scotland and for Wales, setting out the Government's proposals to amend the Reservoirs Act 1975. These proposals involve the transfer of the Secretaries of States' responsibilities for making appointments to the President of the Institution of Civil Engineers and the transfer of local authorities' enforcement duties in England and Wales to the Environment Agency. We are satisfied that these measures will result in the procedures being made less burdensome both for candidates for appointment and for reservoir undertakers. The amendments would be made by an order under Section 1 of the Deregulation and Contracting Out Act 1994. We have today placed a copy of the consultation paper in the Library of the House.

Gibraltar: Airport Charges

asked Her Majesty's Government:In view of the listing of Gibraltar as a British regional airport under Directive 83/416/EEC, why landing charges for Boeing 737–300 and 737–400 aircraft are levied at more than three times the level charged at comparable airports such as Tangiers, Malaga and Faro. [HL2002]

The level of airport charges set at an airport is a matter for the airport operator, which in this case is the RAF. Landing charges levied at RAF Gibraltar, in common with those levied at other RAF airfields, reflect average charges at UK civilian airports and do no more than recover the costs incurred by the RAF in supporting civil operations.The Directive 83/416, which covered the authorisation of scheduled inter-regional air services between member states, did not include any listing of British regional airports.

Cycle Parking At Government Departments

asked Her Majesty's Government:Approximately how many parking places for cycles are provided for;

  • (a) Government employees and pass holders; and
  • (b) visitors
  • in each government office in Central London. [HL1965]

    The approximate number of parking spaces for cycles held by government department offices in Central London are as follows. No department differentiates between spaces for visitors and staff.

    DepartmentNumber of Cycle Spaces
    Agriculture, Fisheries and Food89
    Culture, Media and Sport20
    Defence177
    Education and Employment65
    Environment, Transport and the Regions1449
    Foreign and Commonwealth Office108
    Health92
    Home Office41
    International Development28
    Lord Chancellor's Department259
    Northern Ireland Office0
    Social Security55
    Trade and Industry158
    DepartmentNumber of Cycle Spaces
    Treasury3161
    Scottish Office0
    Welsh Office6
    Cabinet Office4146
    Government Office for London52
    1 Includes the Highways Agency.
    2 Includes the Courts Service.
    3 Includes the Inland Revenue and Customs and Excise.
    4 Includes Cabinet Office Agencies.

    Greater Manchester: New Deal For Communities

    asked Her Majesty's Government:What localities in Greater Manchester are being considered for benefit from the "worst estates" plan: and when they expect to announce decisions. [HL1999]

    Detailed proposals for the New Deal for Communities are now being developed by the Deputy Prime Minister and the Chancellor, working closely with other key Ministers and the Social Exclusion Unit. No decisions have yet been taken about the location of pathfinder areas or the timing of further announcements.

    Development In Conservation Areas

    asked Her Majesty's Government:Whether, in the light of the recent decision at Downe Hall, Bridport, they intend to tighten the guidelines which relate to the use of enabling development in conservation areas. [HL2010]

    Proposals for development to, or in the grounds of, a listed building which would help secure the building's upkeep and use must be decided in accordance with development plans produced by local authorities, unless material considerations indicate otherwise. Guidance on works affecting listed buildings is given in Planning Policy Guidance Note 15, Planning and the Historic Environment. This explains that, in considering whether to grant planning permission for development which affects a listed building, local authorities are under a duty to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest. PPG15 also refers to the duty on authorities, when exercising planning functions, to pay special attention to the desirability of preserving or enhancing the character or appearance of a conservation area. We have no plans to amend this guidance.

    Motorway Fencing

    asked Her Majesty's Government:Whether they are still recommending the use of three or more wooden rails in motorway fencing; at what cost; and on whose advice this is based. [HL2011]

    The use of timber post and four rail fences is still recommended for motorway boundary fencing. It is preferred over other fence types because of its general appearance, long life span and relative ease of repair following damage. The average national cost as at the second quarter 1997 is £9.50 per linear metre. Historically, types of timber post and rail fences are derived from agricultural use and have been developed for motorways. They are specified in the Manual of Contract Documents for Highway Works, Volume 1, Specification for Highway Works, and detailed in Volume 3, Highway Construction Details. They broadly comply with the British Standard BS 1722—Fences.

    Youth Justice Measures: Pilot Schemes

    asked Her Majesty's Government:Whether they have identified areas to pilot the new youth justice measures and the procedural changes to reduce delays in youth and adult cases contained in the Crime and Disorder Bill. [HL2097]

    We have identified nine areas in which, in principle, we would like to pilot the new youth justice measures contained in the Crime and Disorder Bill. These measures are the final warning scheme; the reparation order, action plan order, child safety order and parenting order; and youth offending teams.Four areas have been identified to pilot all of these measures. This will demonstrate how the new powers operate together and how the youth offending team structure can best deliver the associated intervention work. The four areas are the London Boroughs of Hammersmith and Fulham, Kensington and Chelsea and the City of Westminster (jointly); Hampshire, Southampton, Portsmouth and the Isle of Wight (jointly); Wolverhampton; and Sheffield.Five areas have been identified to pilot the child safety order and parenting order, together with youth offending teams. This will ensure that we have sufficient information to evaluate the operation of these two orders. the five areas are the London Borough of Lewisham; Luton and Bedfordshire (jointly); Devon; St. Helens; and Sunderland.We shall be undertaking further detailed work in these nine areas with a view to establishing a pilot project from October 1998. The pilots will operate for a period of 18 months. They will help develop good practice and allow us to assess the costs and savings which nation-wide implementation will involve. The pilots will inform decisions over the timing of full implementation of these measures.We are also considering how we might best support other areas, including those others which expressed interest in taking part in the pilots, in planning and developing their arrangements for youth offending teams and the other youth justice measures.In addition, six areas have been identified to pilot procedural changes recommended by the Review of Delay in the Criminal Justice System, some of which are contained in the Crime and Disorder Bill. These are expected to reduce delays in youth and adult cases. The pilots are being organised under the auspices of the Trials Issues Group and they will also be used to inform the setting of statutory time limits in due course for both youth and adult cases. The six areas are Tyneside; Croydon; Blackburn and Burnley; Northamptonshire; North Staffordshire; and North Wales. Two of these areas—Blackburn and Northamptonshire—will also operate the final warning scheme and youth offending teams, since these arrangements will have an effect on speed through the system and procedures in young offender cases.Sir Iain Glidewell's Review of the Crown Prosecution Service supports the changes which are to be piloted and proposes some further changes which he recommends should be incorporated in the pilots. The Government will be considering how best to take this forward.These pilots reflect the Government's determination to test innovative and effective ways of delivering services and programmes across government departments and agencies. Experience from these pilots and other area-based initiatives will help to ensure that new measures are implemented effectively at local level.

    Who Decides?: Consultation Response

    asked Her Majesty's Government:How many replies to the Consultation Document

    Who Decides? (Cm 3803) have been received from organisations, and how many from individuals. [HL2024]

    Replies to Who Decides? have been received from 246 organisations and 4,104 individuals. Lists of those who have responded have been placed in the Libraries of both Houses.

    Grammar School Admission: Ballot Arrangements

    asked Her Majesty's Government:What arrangements will be made, under the School Standards and Framework Bill, for the conduct of parental ballots on the admission arrangements of grammar schools. [HL2082]

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

    The department has today issued draft regulations for consultation which detail how parents will be able to petition and ballot over the future of grammar schools' selective admission arrangements. We are issuing at the same time the associated draft order designating grammar schools. Copies of the draft regulations and order are being sent to all grammar schools, all local education authorities, and a number of representative national organisations, seeking comments by 31 July. Copies have also been placed in the Library.

    Eu Nationals: Medical Treatment In Other Member States

    asked Her Majesty's Government:What effect, if any, the judgments of the European Court of Justice in the cases of

    Nicholas Decker v. Caisse de Maladie des Employés Privés (Case C-120/95) and Raymond Kohll v. Union des Caisses de Maladie, whereby it has been held that Community nationals may obtain medical treatment in another member state and be reimbursed by their home state, will have on NHS patients and private patients in the United Kingdom. [HL1938]

    These were judgments on two cases brought to the European Court of Justice concerning respectively the purchase of spectacles and access to orthodontic treatment in other member states by two persons insured in Luxembourg. The Luxembourg authorities refused to reimburse the litigants the costs involved, up to the levels applying in Luxembourg, on the grounds that a national law requiring prior authorisation by the national authorities had not been complied with. The Court found that the national legislation in question contravened the rights concerning free movement of goods and freedom to provide services contained in the Treaty establishing the European Community. Under European Community regulations, nationals of a European Union member state may already, under certain conditions, obtain medical treatment in another member state, and have the costs covered by their home country according to the terms applying in the host state. We are considering the implications of these two cases for these regulations and for United Kingdom practice.

    Hiv/Aids: Advice To Government

    asked Her Majesty's Government:On what basis they take community-based advice on HIV/AIDS from an organisation called the United Kingdom Coalition of People Living with HIV/AIDS; whether this organisation is not a coalition but a private limited company which represents only a small minority of diagnosed people; and what plans they have to take advice on HIV/AIDS from a wider spectrum of community-based expertise, including those organisations which question the traditional view of aetiology and treatment. [HL1985]

    The Government take advice on HIV/AIDS from a wide range of organisations and individuals and value the contribution they and others have made to the fight against HIV and AIDS.

    Gamete And Embryo Import And Export: Licences

    asked Her Majesty's Government:What discussions they have had with the Human Fertilisation and Embryology Authority about the Babies by Post procedures promoted by Mr. W. Handel of the Center for Surrogate Parenting and Egg Donation of California; what charge is made for each fertilised embryo; how many export and import directions have been issued since 1991; what licences have been issued to Mr. Handel's Center; and what public consultation took place before international trafficking in human embryos. [HL1991]

    Discussions have been held at official level about the Human Fertilisation and Embryology Authority's policies in respect of the issues raised by Mr. Handel's clinic.We do not know what charges Mr. Handel's clinic makes for each fertilised embryo.The import of human gametes (sperm and eggs), and the import and export of embryos, all require individual special directions from the HFEA. Since 1 August 1991, 10 such directions have been issued for the import of gametes; 15 for the import of embryos; and 29 for the export of embryos.The export of gametes is subject to a general direction made by the HFEA. Subject to the conditions in that direction being met, licensed clinics may export gametes without specific application to the HFEA.No licences have been issued to Mr. Handel's centre. HFEA licences can only be granted to clinics in the United Kingdom and import and export directions can only be granted to HFEA licensed clinics. Within the last month, one export direction has been granted to a licensed clinic to export embryos to the Center for Surrogate Parenting and Egg Donation Inc. of Beverley Hills, California. These embryos were for a named patient's own use.The use of gametes and embryos raises special ethical and legal issues. These were considered in detail by Parliament during the passage of the Human Fertilisation and Embryology Act 1990, which provides, among other things, for the import and export of human gametes and embryos. The Act came into force only after much discussion and a free vote in both Houses, and following considerable public consultation.

    Euthanasia And Cessation Of Treatment

    asked Her Majesty's Government:What is the difference between euthanasia and the removal of food and liquids from a terminally ill patient; and, if this is not euthanasia, what is this procedure called. [HL1969]

    Euthanasia, as commonly understood, is the deliberate killing of a person, whether at that person's own request or for a merciful motive. Euthanasia is unlawful and anyone alleged to have undertaken it is open to charges of murder or manslaughter.The courts have ruled that artificial hydration and nutrition is "medical treatment". The cessation of this treatment has no short name, but in the case of Anthony Bland the judge at first instance described the situation as one where doctors "may lawfully discontinue all life-sustaining treatment and medical support measures". Where the patient is not able to consent to treatment, and in the absence of a valid advance directive, it is a doctor's duty to act in the best interests of his patient. Sometimes this may mean the cessation of treatment which is no longer beneficial. In these circumstances, suitable medical care should be provided to ensure that the comfort and dignity of the patient are maintained.

    Artificial Limb Provision

    asked Her Majesty's Government:Whether they are satisfied with the provision of artificial limbs, especially in young amputees. [HL2049]

    All decisions on the choice of artificial limb to be provided to amputees, including young amputees, are a matter for the rehabilitation consultant at the local Disablement Services Centre in discussion with the patient and their family.In deciding the funding available for the purchase of artificial limbs, health authorities must take into account all their other funding responsibilities within the resources available.

    Magilligan Prison: Detainees

    asked Her Majesty's Government:Whether they consider detention in Her Majesty's Prison Magilligan is desirable or suitable for persons whose entry into a part of the United Kingdom is under investigation; and whether they are considering detention of such cases in another institution or location more suitable than a prison. [HL1974]

    The use of HMP Magilligan to house detainees is not ideal, but represents the only viable option for the small number of cases in which immigration detention in Northern Ireland is deemed appropriate. The provision of a separate detention centre in Northern Ireland has been considered but cannot be justified on cost or efficiency grounds. Transfer to a mainland detention centre, where detainees would be distanced from friends and representatives, would not be reasonable.

    Baton Round Development

    asked Her Majesty's Government:Whether they will give a report on the production of a baton round which will deliver an impact which is not intended to cause serious or life threatening injury, but is of sufficient force to prevent an individual from retaliating against the forces of law and order; and when it will enter service. [HL1945]

    A replacement for the current baton round is currently being developed by the Ministry of Defence, the Home Office and the Royal Ulster Constabulary for operational use by the army and police. This work will take advantage of improved technology in pursuit of the objective of providing a baton round system which can deliver an impact which is not intended to cause serious or life threatening injury, but is of sufficient force to prevent an individual from throwing a missile or breaching a sterile zone. The force delivered should be enough to dissuade repetition of the offending action.The baton round currently in service is designed to deliver these same objectives. The new round is currently planned to become available for operational use at the end of 1999.

    Refugee Women In Europe: Report

    asked Her Majesty's Government:Whether they have studied Document 8066 of 7 April prepared for the Council of Europe by Mrs. Inga-Britt Johanssen on the

    Situation of Refugee Women in Europe; and how far their own policy meets the recommendations in the document. [HL1923]

    Government policy is consistent with the approach recommended by Mrs. Johanssen.All asylum applications, whether from men or women, are considered without discrimination in accordance with the criteria set out in the 1951 United Nations Convention relating to the Status of Refugees. Gender is taken into account in the assessment of individual claims where this is relevant.To meet our obligations to help male and female refugees to resettle in the United Kingdom, we give grants to voluntary organisations who assist with the reception and resettlement of both refugees and asylum seekers. These organisations provide advice and support to individuals and strive to improve their access to the available statutory services. They also work to develop refugee community groups, local groups and self-help organisations.

    Major General Pabawo Subianto

    asked Her Majesty's Government:Whether, in the light of their ethical foreign policy, they would designate Major General Pabawo Subianto of Indonesia as a undesirable alien. [HL1971]

    My right honourable friend the Home Secretary may direct that a person should not be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good. On present information, he does not consider that there is sufficient reason to exclude Major General Subianto in this way.

    Mr Derek Jones

    asked Her Majesty's Government:What action has been, or is being, taken and what (if any) charges are being considered by the Metropolitan Police and Customs and Excise against Mr. Derek Jones as a result of his admissions on the Channel 4 programme shown on 19 May 1998, "Undercover Britain Gun Law", concerning:

  • (a) removing 0.38/0.357 ammunition from a gun club when not in possession of a firearms certificate;
  • (b) removing a 0.44/45 black powder revolver from a gun club without a firearms certificate;
  • (c) importing a cap and ball revolver without declaration upon importation;
  • (d) failing to comply with the ports by-laws;
  • (e) having in his possession a revolver without an appropriate certificate of de-activation; and [HL2022]
  • What action has been, or is being, taken and what (if any) charges are being considered by the Metropolitan Police and Customs and Excise against Mr. Ray Fitzwalter of Ray Fitzwalter Associates in connection with the actions of Mr. Derek Jones reported on the Channel 4 programme shown on 19 May 1998, "Undercover Britain Gun law". [HL2023]

    Enforcement of the law is an operational matter for the police and Her Majesty's Customs and Excise. I understand that investigations are currently being carried out by both the police and HM Customs in the light of the Channel 4 programme. It will be for the police and HM Customs to decide whether any criminal charges are justified once those investigations are complete.

    Arms Exports To China

    asked Her Majesty's Government:Whether, apart from the overall criteria governing arms exports announced on 28 July 1997, any other restrictions apply with respect to sales to China. [HL2107]

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

    The EU introduced a ban on arms sales to China on 26 June 1989, but the scope of that ban has, in the absence of agreement on a common interpretation, been left for national interpretation. The UK interprets this ban to include:

    • lethal weapons such as machine guns, large calibre weapons, bombs, torpedoes, rockets and missiles; specially designed components of the above, and ammunition;
    • military aircraft and helicopters, vessels of war, armoured fighting vehicles and other such weapons platforms;
    • any equipment which might be used for internal repression.
    All applications are considered case by case in the light of these criteria as well as the overall criteria governing defence exports announced on 28 July 1997 by the Foreign Secretary.

    (Official Report, Commons, cols. 26–29)

    Arms Exports To Iran

    asked Her Majesty's Government:What is their policy on the export of arms to Iran. [HL2106]

    There has not been any change to current policy, as set out in the Written Answer given by the Minister of State, Mr. Lloyd, to the Member for Rugby and Kenilworth (Andy King MP) on 28 January 1998 (Official Report, cols. 273–274). We will not approve licences for any equipment where there is knowledge or reason to suspect that it would go to a military end-user or be used for military purposes.However, this department has recently approved the issue by the Department of Trade and Industry of a licence for the export of industrial gas turbine parts to Iran for civil end use. This particular industrial engine has been developed from a military engine and is commonly used to drive pumps and electrical generators. The engine is not subject to export control when it is exported as a complete unit. However, when it is broken down into component form, a very small percentage of its parts are unchanged from their original form and, as military components, come within the scope of the UK's arms embargo and are controlled under Part III of Schedule 1 to the Export of Goods (Control) Order 1994. However, we are satisfied that Iran does not possess any aircraft powered by the original military engine, and that the risk of the component being diverted to use by the Iranian military is minimal. We have therefore approved the export.

    Argentina: Arms Embargo

    asked Her Majesty's Government:Whether there have been any new exceptions to the arms embargo on Argentina. [HL2104]

    Her Majesty's Government have recently granted two exceptions to the embargo, one in respect of the sale of two hunting rifle barrels to a private individual in Argentina, another in respect of the sale of twenty deactivated weapons to an Argentine importer. These represent exceptions but not changes to the embargo.

    Hong Kong Legislature: Elections

    asked Her Majesty's Government:What assessment they have made of the Hong Kong legislative elections held on the 24 May. [HL2105]

    Her Majesty's Government welcome the fact that these elections have been held. The high turnout demonstrates the determination of people in Hong Kong to play a full role in the democratic process. While we retain strong concerns about the framework for the elections, particularly the sharp reduction in the franchise for the functional constituencies, we believe that the conduct of the elections reflects well on the HKSAR Government and the independent Electoral Affairs Commission, which ensured strict adherence to the rules and fair treatment for all candidates.These elections are a step towards a legislature elected entirely through universal suffrage. We hope that the HKSAR Government will build on this achievement and work towards early realisation of this goal.