Written Answers
Thursday, 25th June 1998.
Rights Of Audience In The Higher Courts
asked Her Majesty's Government:When they will announce their proposals for modernising rights of audience in the higher courts. [HL2429]
I have this morning published a paper, Rights of Audience and Rights to Conduct Litigation in England and Wales: The Way Ahead, copies of which have been placed in the libraries of both Houses. Comments are invited by 14 September 1998.
Poorer Families: Tax Changes
asked Her Majesty's Government:Whether the burden of tax upon the poorest families has risen since 1 May 1997; and [HL2089]Whether the burden of tax upon average families has risen since 1 May 1997. [HL2090]
The available information, which shows tax payments for a couple with two children with earnings at multiples of median full-time earnings is given below.The introduction of the Working Families Tax Credit in 1999 will be a significant help to low income families. For example, a one-earner couple with two children with half median earnings (£168.50 per week) will gain £18.68 a week from the introduction of the WFTC (11 per cent. of gross earnings).The childcare tax credit within the WFTC will also provide substantial help for working families. A two-earner couple on median earnings, with two children and childcare costs of £80 per week will gain £46 per week towards this cost. No family with earnings less than £220 per week will pay income tax.Income Tax, National Insurance, Child Benefit and Family Credit/Working Families Tax Credit for multiples of median full-time earnings.
| Married couple with one earner and two children under 11 | |||
| 50% | 75% | 100% | |
| 1997–98 | |||
| Gross Income | 161.50 | 242.25 | 323.00 |
| Income Tax (net of Child Benefit and Family Credit) | -47.65 | 8.79 | 28.70 |
| NICs | 11.19 | 19.27 | 27.34 |
| Net Income | 197.96 | 214.19 | 266.96 |
| Percentage of earnings | |||
| Income tax | -29.51 | 3.63 | 8.89 |
| NICs | 6.93 | 7.95 | 8.46 |
| Income tax and NICs | -22.58 | 11.58 | 17.35 |
| Net Income | 122.58 | 88.42 | 82.65 |
| 1998–99 | |||
Married couple with one earner and two children under 11
| |||
50%
| 75%
| 100%
| |
| Gross Income | 168.50 | 252.75 | 337.00 |
| Income Tax (net of Child Benefit and Family Credit) | -55.04 | 3.86 | 30.24 |
| NICs | 11.73 | 20.16 | 28.58 |
| Net Income | 211.81 | 228.74 | 278.18 |
Percentage of earnings
| |||
| Income Tax | -32.7 | 1.5 | 9.0 |
| NICs | 7.0 | 8.0 | 8.5 |
| Net Income | 125.70 | 90.50 | 82.54 |
1998–99
| |||
Assuming tax and benefit measures announced in the Budget and due to be introduced in 1999
| |||
(MCA at 10%, abolition of employee NI entry fee, introduction of WFTC)
| |||
| Gross Income | 168.50 | 252.75 | 337.00 |
| Income Tax (net of Child Benefit and WFTC) | -74.99 | -24.57 | 25.85 |
| NICs | 10.45 | 18.88 | 27.30 |
| Net Income | 232.44 | 257.84 | 283.25 |
Percentage of earnings
| |||
| Income Tax | -44.5 | -9.7 | 7.67 |
| NICs | 6.2 | 7.5 | 8.10 |
| Net Income | 137.9 | 102.0 | 84.1 |
Notes:
1. Income tax payments are calculated on the basis that the households receive no tax reliefs other than the standard allowances and only have income from employment. All earners are assumed to pay Class 1 national insurance contributions at the contracted-in rate.
2. Earnings are taken to be the median gross weekly earnings of all full-time employees on adult rates with pay unaffected by absence. (Median earnings are more representative of the population as a whole than mean male full-time earnings.) The level of earnings in 1998–99 is based on a stylised assumption in line with the actual outturn for the year to January 1998.
3. Income tax includes Child Benefit, Family Credit and Working Family Tax Credit.
Financial Services Single Ombudsman Scheme
asked Her Majesty's Government:Whether they will encourage the Financial Services Authority to recommend that the American Express Bank credit card be included in the new single ombudsman scheme; and [HL2289]Whether they will encourage the Financial Services Authority to recommend that all financial services provided by banks which are members of the new single ombudsman scheme should be covered by the scheme; and [HL2290]Whether they will encourage the Financial Services Authority to recommend that credit cards should be covered by the new single ombudsman scheme. [HL2291]
The Government intend that a single ombudsman scheme for financial services should be set up under the planned legislation to reform the financial services regulatory structure. The scheme will replace eight existing schemes: the Banking Ombudsman, Building Societies Ombudsman, Financial Services Authority Direct Regulation Unit and Independent Investigator, Insurance Ombudsman, Investment Ombudsman, Personal Insurance Arbitration Service, Personal Investment Authority Ombudsman, and the Securities and Futures Authority Complaints Bureau and Arbitration Service.The scheme will have both a compulsory and a voluntary jurisdiction. The compulsory jurisdiction will apply to all firms which are authorised under the reform legislation, such as banks, building societies, insurance companies and investment firms. All of the regulated activities of these firms, such as taking deposits, entering into insurance contracts and dealing in shares will be brought within the compulsory jurisdiction. The Financial Services Authority will also be able to bring other activities of these firms within the compulsory jurisdiction where the legislation provides powers for these activities potentially to be regulated. These activities could include, for example, mortgage lending, subject to the Government's proposed review of the case for regulation.The scheme's voluntary jurisdiction could apply to the financial services activities both of authorised firms, where these activities do not fall within the compulsory jurisdiction, and of other firms. Decisions on whether to offer the scheme's services to firms on a voluntary basis will be for the ombudsman scheme with the approval of the Financial Services Authority.It will be possible to bring all credit cards offered in the UK and other financial services provided by banks within the jurisdiction of the ombudsman scheme. Where the provider is not authorised, or where an activity is not subject to the compulsory jurisdiction, the ombudsman's jurisdiction will apply only with the agreement of the firm.The draft legislation that the Government intend to publish for consultation in the summer will include the proposed statutory framework for the ombudsman scheme.
Short-Term Interest Rates
asked Her Majesty's Government:Further to the remark by the Lord McIntosh of Haringey on 17 June (H.L. Deb., col. 1563), whether it is their view that short-term interest rates have any effect on the money supply; and, if so, how the independent operations of the Bank of England in affecting the money supply are controlled by the Treasury. [HL2372]
The new monetary policy arrangements are very clear. The Government have the overall responsibility for the economic objectives and they set the inflation target. The Bank of England's Monetary Policy Committee (MPC) has the operational responsibility for setting interest rates to achieve the inflation target.
Emu: Launch Preparations
asked Her Majesty's Government:What was the outcome of the most recent meeting of the standing committee on preparations for European Monetary Union (EMU), and what preparations have been made by public authorities to prepare for the launch of the euro in other member states on 1 January 1999. [HL2428]
The standing committee on preparations for EMU met for the second time on 20 May. A copy of the minutes of the meeting has been placed in the Library of the House. Government departments and other public authorities have been engaged in a wide range of preparations for the launch of the euro in other member states on 1 January 1999, especially to help businesses in the UK meet the challenges of responding to the change in the business environment across Europe. A copy of a booklet, EMU: Steps for 1999, published by the Treasury on 18 May, which describes these activities and which responds to recommendations made by the Business Advisory Group on EMU has also been deposited in the Library.Copies of a series of 10 factsheets to help businesses, especially small and medium-sized companies, to prepare for the launch of the euro on 1 January 1999 were sent by Lord Simon to all Peers on 15 June. The factsheets are being distributed to businesses through a variety of channels, including trade and business associations and a dedicated telephone line.
Dounreay: Costs
asked Her Majesty's Government:What has been the cost of maintaining the nuclear power plant at Dounreay, both in terms and per unit of electricity produced and supplied. [HL2200]
The Prototype Fast Reactor (PFR) at Dounreay was not a commercial reactor, it was built to develop east reactor technology. While the safe generation of electricity using this technology was the overall aim of the project, its principal objective was delivering the Fast Reactor Research and Development Programme. The through life cost for construction and operation of the PFR was £495 million and, UKAEA's estimate for the undiscounted cost of decommissioning is £488 million in a range of £259 million—£709 million. PFR generated a total of 9.3 terrawatt hours (Twh) of electricity from January 1975 until it was shut down in March 1994 and supplied 8.4 Twh to the grid worth about £230 million at current average pool prices, which offset part of the costs to date.
Scientists And Technicians: Emigration
asked Her Majesty's Government:How many British scientists and technologists emigrated from the United Kingdom to the United States in the last one year, two years, five years and 10 years; what has been the average cost to the British taxpayer of their education and training; and whether in the Government's view these costs amount to a subsidy from the British taxpayer to the American economy; and [HL2298]Whether they have any intention of reclaiming from the United States for the British taxpayer the cost of the education and training of scientific and technological emigrants. [HL2299]
The US National Science Foundation (NSF) publishes data on immigrant scientists, engineers and technicians. The latest available year with data for immigrants from the UK is 1993. The figures for the period 1988 to 1993 are as follows:1988: 776; 1989: 745; 1990: 781; 1991: 680; 1992: 1,266; 1993: 1,026.The data are based on self-classification by the immigrants, and do not include those who cite their occupation as researcher, manager, teacher or student.A briefing paper put out by the NSF in June last year noted that the overall pattern of immigration of scientists and engineers in the 1980s was quite stable, but changed dramatically from 1990–93 as a result of changes enacted in the US Immigration Act of 1990. It went on to note that in 1994 there had been a major decline in total admissions, but a detailed breakdown showing the UK position that year is, I understand, not yet available.There are no data on the average cost to the British taxpayer of the education and training of the emigrants concerned, and the Government have no intention of pursuing the related issues which the Questions raise.
Disaffected Children: Response To Report
asked Her Majesty's Government:When they expect to respond to the Education and Employment Select Committee's Report on Disaffected Children. [HL2414]
The department has produced its response to the Select Committee's Report on Disaffected Children. A copy of the response has been sent to the Education and Employment Select Committee. A copy will be placed in the Library.
Private Sector Prisons: Review Reports
asked Her Majesty's Government:Whether they will publish the reports of the two reviews on private sector prisons which were announced on 19 June 1997. [HL2453]
I am placing in the Library copies of the reports to the two reviews announced by my right honourable friend the Home Secretary to another place on 19 June 1997. The Prison Service has already sent copies to unions and to the contractors.
Female Prisoners: Expenditure Per Capita
asked Her Majesty's Government:What is the planned expenditure in real terms per woman prisoner for 1998–99, compared with that in 1995–96. [HL2318]
Information is not available in the form requested, as expenditure is not planned separately for male and female prisoners. The available information relates to budgets for prison establishments holding female prisoners only, and is as follows:
- Present operating cost budgets for 1998–99 for prisons holding only female prisoners: £59.8 million.
- Average number of places (certified normal accommodation (CNA)) at end May 1998: 2,471 Present average cost per place 1998–99: £24,200.
- Net operating costs for 1995–96 for prisons holding only female prisoners: £45.2 million (£49.2 million at 1998–99 prices).
- Average number of places (CNA) in 1995–96: 1,906.
- Average cost per place in 1995–96: £23,700 (£25,800 at 1998–99 prices).
Asylum Seekers: Deportations
asked Her Majesty's Government:In how many cases of refusal of asylum, where all the appeal procedures had been exhausted and where deportation was the next step, were applicants actually deported in 1996 and 1997; and what were these figures as a percentage of the total. [HL2333]
The available information on removals and voluntary departures of asylum applicants during 1996 and 1997 is given in the table. The figures cover persons who had applied for asylum at some stage and may therefore include some persons who departed voluntarily before a decision had been taken on their asylum application or prior to the outcome of an appeal.Regrettably, comprehensive information on the total numbers of failed asylum seekers who had exhausted their rights of appeal and who had no right to stay in the United Kingdom, during a period of a year could only be obtained at disproportionate cost.
| Removals and voluntary departures of asylum applicants, excluding dependants, 1996–19971 | ||
| 1996 | 19971 | |
| Port removals2 | 2,691 | 4,032 |
| Enforcement removals3 | 2,119 | 2,987 |
| Total | 4,810 | 7,019 |
| 1 1997 data are provisional. | ||
| 2 Includes any voluntary departure up to and including notification of the decision on the asylum application but excludes any subsequent departure. | ||
| 3 Includes those departing voluntarily following the initiation of enforcement (deportation or illegal entry) action. | ||
Prisons: Taxation Of Visiting Ministers' Fees
asked Her Majesty's Government:Further to the Written Answer by Lord Williams of Mostyn on 30 March (
WA 9), whether they will explain the discrepancy between this Answer that "visiting ministers who receive payments for fees and expenses are to be treated as office holders within the Prison Service and must be subjected to Income Tax Class 1 National Insurance contributions", a letter from the Director-General of HM Prison Service, dated 31 May, saying that "…visiting ministers are to be treated as employees for tax purposes and as such the Prison Service must make the necessary tax deductions" and Prison Service Instruction 17/1998, which provides that "there is no tax or Class 1 National Insurance" in five sets of circumstances, including where the payments are made directly to a registered charity; and whether they will cause the Inland Revenue to repay any amounts incorrectly deducted in the past in these circumstances. [HL2270]
The earlier reply stated the general position on visiting ministers who receive payments for fees and expenses, which is that they are to be treated as office holders within the Prison Service and are subject to Income Tax and Class 1 National Insurance contributions. There are certain limited exceptions to this, which is why the noble Lord was invited to write to the Director-General of the Prison Service if he was aware of any particular cases where there was doubt over the applicability of this action in any particular case. I was unaware at that time that such a letter had already been sent to the Director-General.The Director-General's letter of 31 March restated the general position based on the guidance then in force. This has since been clarified by Prison Service Instruction No. 17/1988, issued on 9 April, a copy of which is available in the Library. This lists, in paragraph 14, certain circumstances where the liability to tax and National Insurance contributions does not apply. The Director-General's letter explained that no clear documentation had been received by the prisons concerned that the payments in question were being made to a registered charity. The Director-General will write again to the noble Lord on this matter.
Prisons: Unlicensed Software
asked Her Majesty's Government:What payments have been made by the prison authorities in England and Wales and in Scotland respectively in respect of unlicensed software found to have been used in their establishments as a result of enquiries by the Federation Against Software Theft (FAST) or otherwise; what measures have been taken to ensure that unlicensed software is not being used at prisons which have not been investigated by FAST; and whether they are satisfied that there are no remaining instances of software piracy in any prison. [HL2271]
After a full audit of one prison in England, £37,600 was paid to FAST in respect of software for which current licences could not be proved. Existing Prison Service instructions on the need for diligence in this respect have been reinforced by the issue of audit software to all public establishments with the further instruction requiring an annual audit to be carried out. Backed up by appropriate independent audit checks, this provides a reasonable level of assurance that any misuse of software, inadvertent or otherwise, can be identified and corrective action taken.In Scotland, no such payments have been made. Scottish Prison Service software is centrally procured. Network security designed to prevent unlicensed software being used locally is in place.
asked Her Majesty's Government:Whether instructions have been issued to the governors of prisons in England and Wales and in Scotland respectively to maintain logbooks showing all commercial software programs acquired by their establishments and recording details of periodic checks made to ensure that no unlicensed software is in use. [HL2272]
All public Prison Service establishments in England and Wales have been issued with software designed to audit the use of commercial software. Training on its use has been provided and each prison is required to carry out a full annual audit of software in use and to check that each item has a current licence. Prisons are being advised to carry out interim checks on at least a quarterly basis.In Scotland, local records are not maintained because the approval of the central Information Technology Branch is required for all local software purchases. In practice, very few such purchases are made.
Eviction Powers And Responsibilities
asked Her Majesty's Government:What reports and representations they have received about the death of six year-old Patrick Dooley in the course of an eviction from land in Edmonton on 6 May; and whether they are satisfied that police forces and local authorities are fully aware of their responsibilities in respect of evictions under Order 113 or the Criminal Justice Act 1996 respectively. [HL2314]
Officials from the Home Office and the Department of the Environment, Transport and the Regions have been in contact with the Metropolitan Police and Enfield Borough Council about this tragic incident. Correspondence on the subject has been received from the Friends, Families and Travellers Support Group and a telephone call has been received from a member of the public. My right honourable friend the Home Secretary and my right honourable friend the Secretary of State for the Environment, Transport and the Regions are satisfied that the police and the local authorities are aware of the terms of their powers in relation to trespassers and unauthorised campers under the Criminal Justice and Public Order Act 1994, of civil powers to regain land under Order 113 of the Rules of the Supreme Court, and of guidance in relation to welfare considerations.
Alcohol-Related Crime
asked Her Majesty's Government:Whether they agree with Sir Paul Condon, Commissioner of the Metropolitan Police, that a great deal of violent crime is linked to alcohol; and, if so, what further action they propose taking to discourage the excessive consumption of alcohol. [HL2315]
My Lords, for some individuals heavy social drinking can lead to varying degrees of disorder and, on occasion, to serious violence. A number of senior police officers have indicated that alcohol-related crime is one of the most serious problems they face.The Department of Health, through the Health Education Authority, is currently running a sensible drinking campaign—"Think About Drink" which encourages people to think about what is a sensible, responsible amount to drink and about the consequences of drinking too much. This campaign is complemented by the Portman Group's high profile 2f3m4 publicity campaign, which was devised specifically to support Government guidance on daily alcohol unit consumption of 2–3 units for women and 3–4 units for men. The 2f3m4 logo was launched by Ministers in England, Wales and Scotland earlier this year and is now appearing on a variety of materials, including glasses distributed by the National Union of Students.To tackle problems caused by the inappropriate drinking of alcohol, the Government have already implemented the Confiscation of Alcohol (Young Persons) Act 1997. This gives the police a discretionary power to confiscate alcohol which seems intended to be drunk in public by people under 18. The Home Office also offers to local authorities a model by-law, making it an offence to continue to consume intoxicating liquor in a designated place after being warned by a police officer not to do so. The Crime and Disorder Bill [H.L.], which is currently before Parliament, will impose a duty on local authorities to develop, with others, a local crime reduction strategy, which will enable local drink-related crime and nuisance to be tackled effectively. The Anti-Social Behaviour Order introduced by the Bill will also be available when individuals locally engage in drink-related anti-social behaviour.
Gibraltar: Fishing Incursions
asked Her Majesty's Government:Further to the Written Answer by the Baroness Symons of Vernham Dean on 1 June (
WA 18)—(a) whether any arrests were made in connection with the recorded 153 incursions by Spanish fishing vessels into Gibraltan waters during the last five months; (b) whether there has been diplomatic dialogue in order to endeavour to rectify this practice; and (c) whether such incursions are placed on record with the European Commission. [HL2228]
(a) Four fishermen have been arrested for offences connected to fishing incursions into British waters around Gibraltar in the last five months;(b) This problem has been raised on several occasions by HM Ambassador in Madrid with senior Spanish officials;(c) No. Although Gibraltar is within the EU as part of the UK Member State, Article 28 of the UK Act of Accession to the EC excludes Gibraltar from the EU common fisheries policy.
Japanese Prisoners Of War
asked Her Majesty's Government:What recent representations they have had from British ex-Servicemen held as prisoners of war in Japan who are seeking compensation; what reply they have made; and what action they are taking. [HL2255]
I refer the noble Lord to the Answer given by the Prime Minister in another place on 22 June (Official Report, col. 350).
Ethiopia/Eritrea Border Conflict
asked Her Majesty's Government:What is their analysis of the situation between Ethiopia and Eritrea; and what action they favour as a permanent member of the United Nations Security Council. [HL2189]
We are gravely concerned by the border conflict between Ethiopia and Eritrea, which undermines the stability of a region already prone to conflict. We have deplored the escalation of hostilities and the loss of innocent civilian lives on both sides. We have urged both parties to implement an immediate ceasefire, and to solve this dispute by peaceful negotiations. In this respect, we and our partners on the United Nations Security Council support the US/Rwandan facilitation efforts, together with those of the OAU.
United States Arrears Of Un Dues
asked Her Majesty's Government:Whether they and the Governments of France, Germany, Italy and other countries which have taken part in peacekeeping operations approved by the United Nations are considering taking the Government of the United States to court over the monies due to them from the unpaid United States dues to the United Nations. [HL2191]
No. However, we have made it clear to the US Administration on several occasions that we expect the US to pay its UN arrears and future contributions promptly, in full and without conditions. The EU Troika, led by the UK as Presidency, reiterated this to the US Administration on 9 June.
Hk33 Assault Rifle: Export To Turkey
asked Her Majesty's Government:Further to the Written Answer by the Baroness Symons of Vernham Dean on 1 June
(WA 15), whether they consider that British Aerospace plc is circumventing controls on the export of small arms, by procuring parts for the assembly in Turkey of the HK33 assault rifle from Germany, while the machine tools involved are made in Nottingham; and what they understand by the words in their reply, "at least initially". [HL2115]
The HK33 assault rifle is a product of Heckler & Koch, a German-based subsidiary of British Aerospace. We understand that the company has submitted to the German Government an application for a licence to export.In my reply to the noble Lord of 1 June
(Official Report, WA 15) the reference to the sourcing of rifle parts "at least initially" from Germany alludes to the
possibility that, at some point in the future, a request for export from the UK might be made for components or machine tools. In the event of such an application being submitted, the UK Government would consider the proposed export in accordance with our stated criteria and the EU Code of Conduct on Arms Exports.
Armenian Genocide, 1915
asked Her Majesty's Government:Whether they "recognise the Armenian genocide of 1915", as did the French Parliament (in such terms) in a Bill passed on 29 May. [HL2149]
The British Government condemned the 1915 massacres at the time, and view the sufferings of the Armenian people then as a tragedy of historic proportions. However, in the absence of evidence to show that the Turkish Government took a specific decision to eliminate the Armenians under their control at the time, the British Government have not recognised the events of 1915 as a genocide.
Bahrain
asked Her Majesty's Government:What information they have been given by the Government of Bahrain about the reasons for recruitment of foreigners into their police and armed forces, and the naturalisation of those foreigners and their families; whether they have checked to see whether any of the arms licensed for export from the United Kingdom to Bahrain are to be used by units in which these foreigners serve or may serve; and whether they expect to train any of those units. [HL2259]
As in other GCC states, a large percentage of Bahrain's workforce is expatriate. We understand that the Bahraini Government employs a number of foreign nationals in its police and armed forces. Queries about their recruitment and nationality status are a matter for the Bahraini authorities.All export licence applications are carefully considered against a wide range of criteria. Equipment has been licensed for export to all units of the Bahraini security forces, including the Bahrain Defence Force and the Bahrain National Guard, whose forces have received some training from the Ministry of Defence. We have not provided any police training in Bahrain.
Rwanda: Visit By Eu Troika
asked Her Majesty's Government:What were the key political messages taken to the Government of Rwanda by the European Union Troika ministerial visit of 2 to 5 June; and whether in particular they agreed to give technical help in locating the mobile transmitters used for broadcasts by the illegal Voix du Patriote. [HL2273]
The EU Troika met President Bizimungu of Rwanda and Vice President Kagame on 2 June in Kigali. The key political messages, agreed among partners, included:
- presentation of a new EU Common Position, which sets out the EU's commitment to help build a stable, prosperous and democratic Rwanda.
- encouragement for progress towards democratisation, an end to conflict and the promotion and protection of human rights.
- The EU's desire for a transparent policy dialogue between the Government of Rwanda and donors to help secure long-term, flexible assistance from the international community.
Eritrea/Ethiopia Conflict
asked Her Majesty's Government:Whether they will raise the current hostilities between Eritrea and Ethiopia at the United Nations Security Council, as constituting a threat to the peace of the Horn of Africa; and whether they will call in the ambassadors of both countries for urgent discussions. [HL2179]
The United Nations Security Council is following this conflict closely, and has received a detailed briefing from the US/Rwandan team who have been facilitating mediation efforts. We are concerned that this dispute threatens regional stability, and risks the lives of innocent civilians and internal development in both countries. The Foreign Secretary raised these issues directly with Prime Minister Meles of Ethiopia and President Isaias of Eritrea in contacts with them on 3 June. We continue to keep both the Ethiopian and Eritrean Governments informed of our concerns, and those of our EU partners, as well as of our support for the mediation efforts being undertaken by the US, Rwanda and the OAU.
Guatemala
asked Her Majesty's Government:Whether they have noted the mass meeting held in Guatemala City on 6 June, the fortieth day after the murder of Bishop J. G. Conedera, to demand full investigation of this and earlier crimes; and whether they will ask the Government of Guatemala to protect the Rev. Pedro Nota and others working for human rights from death threats and other forms of violence. [HL2180]
The UK presidency has urged the Guatemalan Government to conduct a full investigation into the murder of Bishop Gerardi in order to bring those responsible to justice. We have also urged the authorities to fulfil their commitment to investigate all other cases of human rights violations. We will continue to follow the situation closely.We have expressed concerns about the safety of all those who are working to improve human rights in Guatemala. We have called on the Guatemalan Government to ensure their protection.
Corporal Punishment In Boarding Schools
asked Her Majesty's Government:Whether, following the recommendations in Sir William Utting's report
People Like Us, they intend to protect all children living away from home from corporal punishment as defined by Clause 121 of the School Standards and Framework Bill. [HL2286]
Sir William Utting's report People Like Us recommended that the right to use corporal punishment should be removed from those boarding schools which still retain it. The Government have accepted this recommendation and the School Standards and Framework Bill seeks to prohibit the use of such punishment in all education institutions.
Health Risks
asked Her Majesty's Government:Further to the Written Answer by the Baroness Jay of Paddington on 10 June (
WA 95), what is the health risk factor of:
There is no evidence of harm to general health as a result of drinking artificially fluoridated water at 1 part per million. In its advice to Ministers, the Spongiform Encephalopathy Advisory Committee said that bovine spongiform encephalopathy infectivity had been found in the dorsal root ganglia and bone marrow of cattle and there was a small risk of BSE-infected material entering the human food chain. Taking into account the advice of the Chief Medical Officer, the Government decided that it would be wrong knowingly to allow tissue that had been shown to transmit BSE into the human food chain.
Eu Nationals: Medical Treatment In Other Member States
asked Her Majesty's Government:Further to the Written Answer by the Baroness Jay of Paddington on 3 June (
WA 36), when Ministers expect to complete their consideration of the cases of
Decker and Kohll in the European Court of Justice, which concern the rights of citizens of one European Union state to have medical treatment in another European Union state paid for by the authorities of the former state. [HL2371]
All European Union member states and the European Commission are giving careful and in depth consideration to the effect of the judgments on the purchase of spectacles and access to orthodontic treatment across the European Community. It is important that the issue is dealt with properly and agreement reached across the European Union on the principles involved. We cannot say when this process will be completed, although our officials are working, with those in the Commission and other member states, towards a speedy resolution. The United Kingdom Government welcome the Court's reaffirmation of the important principle that it is for member states to determine the organisation of their own healthcare systems. Our initial assessment is that the terms of the judgment do not apply to services provided within the hospital infrastructure obtained in another member state. As my reply of 3 June at col. WA 36 stated, under existing European Community Regulations people may already obtain medical treatment in another member state subject to certain conditions.
Human Embryos Created For Research Purposes
asked Her Majesty's Government:How many human embryos are being created exclusively for research purposes. [HL2219]
Figures on the number of human embryos created exclusively for research purposes are not collected. Embryos used for research purposes, under the strict controls required by the Human Fertilisation and Embryology Act 1990, may be donated following one of a number of procedures. Some embryos are donated following treatment involving in-vitro fertilisation: as given in reply to the noble Lord on 14 May 1998 at column WA 132, the latest figures provided by the Human Fertilisation and Embryology Authority (HFEA) show that 36,930 such embryos were donated for research between 1 August 1991 and 31 March 1996.In addition, a number of embryos are created for diagnostic purposes in treatments involving gamete intra-fallopian transfer (GIFT)—a procedure not governed by the 1990 Act—which, together with embryos created using supernumerary eggs produced in the course of that procedure, may be donated to research. It may also be possible to use for research embryos created using eggs donated for treatment but which are not, in the event, used for that purpose. Each year the HFEA licences about two or three research projects which may involve the creation of embryos. This will only be where such use is an essential requirement for the research project, for example in order to examine the viability of eggs which have been frozen, or the use of immature sperm for treatment purposes.Research on human embryos is subject to very strict controls under the terms of the Human Fertilisation and Embryology Act 1990 and may only be carried out if effective consent, as defined in the Act, is given by the egg and sperm providers.
Basildon: Local Government
asked Her Majesty's Government:When they will announce the decision on the Local Government Commission's recommendations for the reorganisation of the district of Basildon. [HL2412]
We have announced that we have decided not to accept the outstanding recommendations on the reorganisation of the district of Basildon which the Local Government Commission have made. We do not believe that the recommendations offer a satisfactory way forward for Basildon in terms of efficient and convenient local government. We have also decided not to direct a further review by the Commission. This decision should end a period of uncertainty and enable the authorities concerned to plan more confidently for the future.
Filwood Playing Fields
asked Her Majesty's Government:When the Government Office for the South West last communicated with the Secretary of State for the Environment, Transport and the Regions on the subject of the proposed bus depot at Filwood playing fields. [HL2385]
No communication between officials in the Government Office and Ministers has been necessary as the Secretary of State for the Environment, Transport and the Regions was not, prior to the grant of planning permission by Bristol City Council, asked to exercise his powers.
Unauthorised Camping
asked Her Majesty's Government:Whether they will consult Members of both Houses who spoke in the debates on the Criminal Justice Act 1996 on a draft of the good practice guide on how local authorities deal with unauthorised encampments. [HL2316]
The draft good practice on unauthorised camping has been prepared in consultation with a range of local authorities, representatives of travellers and the police. In addition, my department has consulted other government departments, and we propose to have another round of consultation shortly, with practitioners (including, for example, those concerned with traveller education and health issues) and others. We consider that this will ensure that the good practice, as published, will have a level of validity which reflects the views and experiences both of those dealing with unauthorised camping, and of the campers themselves.The Government have no plans to extend the consultation exercise further.
English Partnerships
asked Her Majesty's Government:What are their plans for English Partnerships following the creation of regional development agencies. [HL2413]
The work of English Partnerships (EP) is to be carried forward in the main by the Regional Development Agencies (RDAs) as part of the Government's commitment to put decision-making on regeneration and economic development at the regional level. Regeneration will be part of the RDAs' integrated regional strategies. The roles and functions of EP are to move to the RDAs as they are established; the assets will transfer from EP to the RDAs; and regional EP staff will transfer to the RDAs in April 1999 (and the following year for London).This is a major organisational change and it will take time for the RDAs to get to grips with their new tasks and establish themselves as influential and credible organisations on the regional, national and international scene. Ministers envisage that there will be a transitional period of about five years when the experience and expertise of EP's remaining national capability will be critical in providing the continuity on some major projects and should also prove useful to RDAs as they bed in.We are placing in the Library a copy of a note which sets out the background to the changes, the work remaining with EP, and the merger of EP and the Commission for the New Towns in 2000, which we have already announced. The note has been issued to the Government Offices for the Regions and to EP staff.
Transport Council, 17–18 June
asked Her Majesty's Government:What was the outcome of the Transport Council held in Luxembourg on 17 and 18 June. [HL2427]
My right honourable friend the Minister for Transport chaired the final Transport Council of the UK Presidency in Luxembourg on 17–18 June. My right honourable friend the Minister for Transport in London represented the United Kingdom.
All our objectives were met. The Council adopted two negotiating mandates, reached a common position on one legislative measure and agreement on four others (pending receipt of the European Parliament's opinion), agreed two sets of Conclusions, and held useful discussion in some important areas.
Safety was a key theme. As chairman, we presented a paper by the UK presidency on Transport Safety in the European Union. Following discussion of this paper by Ministers, the Commission accepted an invitation to produce a first report in 1999 on transport safety across all modes in the EU.
Two important negotiating mandates were adopted by the Council. The first of these authorised the Commission to start negotiations, on behalf of the European Community and the Member States, towards the establishment of a new pan-European international organisation, to be known as the European Aviation Safety Authority (EASA). The second mandate authorised the Commission to negotiate Community membership of the European Organisation for the Safety of Air Navigation (EUROCONTROL).
The Council reached a common position on a draft regulation amending Regulation 2299/89 on a code of conduct for computerised reservation systems (CRSs) in air transport.
The Council reached Conclusions welcoming a draft regulation amending Regulation 295/91 on Denied Boarding compensation in scheduled air transport, and calling for a decision on it at an early Council. The proposed amendment would strengthen the rights of passengers who are denied boarding to overbooked aircraft.
The Council also reached Conclusions supporting action at global level through the International Civil Aviation Organisation (ICAO) on the limitation of emissions of oxides of nitrogen (NOx) from jet aircraft engines, though noting that the possibility of Community legislation remains open if ICAO fails to agree worldwide rules. Council also reached broad agreement, pending receipt of the European Parliament's opinion, on the main elements of a draft directive to limit the use of re-certified civil jet aircraft, usually modified by the fitting of "hush-kits". Council agreed that the draft directive be transformed into a regulation, to facilitate early implementation.
The Council reached broad agreement on draft directives on roadside inspection of commercial vehicles, and on harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway, pending receipt of the European Parliament's opinions.
The Council continued the discussion begun at the Informal Council in April on the Commission Communication proposing step-by-step opening of the rail freight market.
The Commission reported on progress with developing legislative proposals to extend working time rules to the road transport sector.
In maritime transport, the Council reached broad agreement, pending receipt of the European Parliament's opinion, on a directive requiring safety inspection of passenger ferries, the last of a series of measures brought forward in the wake of the 1994 "Estonia" tragedy. The Council also debated the Commission's Green Paper on ports and maritime infrastructure. There was widespread support for the Commission giving priority to further work on principles for port and maritime infrastructure charging and financing, including an inventory of public funding, and on a regulatory framework for port services.
There was also a first exchange of views on two recent Commission proposals on the crewing of vessels operating regular passenger and ferry services within and between member states.
During the Council, on behalf of the European Community, Commissioner Kinnock and ourselves signed a tripartite agreement, with the Directors-General of EUROCONTROL and the European Space Agency, on a European contribution to a Global Navigation Satellite System.
Environment Council, 16–17 June
asked Her Majesty's Government:What was the outcome of the Environment Council held in Luxembourg on 16 and 17 June.
My right honourable friend the Minister for the Environment and my honourable friend the Parliamentary Under-Secretary of State for the Environment, Transport and the Regions chaired the final Environment Council of the UK's Presidency in Luxembourg on 16–17 June. My right honourable friend the Deputy Prime Minister also attended the Council.We are delighted to report an extremely successful Council. All of our objectives were met, with the Council agreeing member states' share of the EU's Kyoto target, reaching four common positions, agreeing five sets of Conclusions and having useful discussions in a number of other areas.The Council gave highest priority to securing agreement on how the EU would share out the 8 per cent. reduction of greenhouse gases agreed at Kyoto. After protracted and difficult negotiations which involved a continual series of bilaterals lasting throughout the Council, Ministers reached agreement on this, and on Conclusions on the closely related issue of common and co-ordinated policies and measures for implementing these targets. Reaching agreement on climate change was one of the UK Presidency's main environmental objectives and we are delighted that we have achieved our goal. On negotiations with the industry to reduce CO
2 from passenger cars, the Council agreed Conclusions welcoming the European car industry's improved offer, but agreed that more work was needed before agreement could be reached.
The Council agreed common positions on four proposals. We agreed a directive setting legally binding limits for airborne levels of four major pollutants which will greatly increase protection for people particulary sensitive to air pollution. We also took further steps towards eliminating acid rain by agreeing a directive which will significantly reduce the sulphur content of heavy fuel and gas oil. Council also reached agreement on a directive establishing a system for licensing and inspection of zoos, so securing one of the UK's main objectives for its presidency. We also agreed a revised European Environment Agency regulation.
The Council also reached a very considerable degree of common understanding on the proposal for a Water Framework Directive which should allow a common position to be reached once the European Parliament's opinion is available. This is a major environmental proposal which will establish the general orientation of Community water policy over the next 30 years.
Conclusions were agreed preparing the EU's position for the Fourth Pan-European Conference of Environment Ministers in Denmark later this month, on the Community's Biodiversity Strategy and on the follow-up to the Bergen-Northsea Intermediate Ministerial Meeting on the Integration of Fisheries and Environmental Issues.
We also held the first ministerial discussions on a number of important proposals. The debates on proposals to reduce emissions from Heavy Goods Vehicles (part of the Commission's Auto-Oil Programme) and the revision of a directive on the deliberate release of genetically modified organisms will enable the Austrian Presidency to make progress with both of these over the next six months. The Commission will revise its proposal in the light of a very useful debate on eco-labelling. The Council also briefly discussed the Commission's proposal to end the Austria and Luxembourg bans on genetically modified maize, although no decision will be taken on this issue until after the European Parliament has delivered its opinion on 14 July.
The Commission presented its Communication on Environment and Enlargement, which will be discussed further by the Council during the Austrian presidency.
My right honourable friend the Deputy Prime Minister reported on the Conclusions on the environment agreed by Heads of Government at the European Council in Cardiff on 16 June. These Conclusions establish a new framework for integrating environmental issues into all European policy decisions. Responding to the Spanish Minister's report on the toxic waste spill near Doñana National Park in southern Spain, my right honourable friend the Deputy Prime Minister, who visited the area on 5 June, proposed that there should be a review of current provisions for responding to disasters of this nature and, if these proved unsatisfactory, that there should be a conference to discuss possible alternatives. The Commission responded positively to this proposal and will report on its findings in the autumn.
At the outset of the presidency, the UK set itself an ambitious environmental agenda, with six areas identified as priorities (climate change, air quality, biodiversity, enlargement, fisheries and transport). We are delighted to report that, with the conclusion of this Council, we have achieved our objectives in all those areas.
Joint Environment And Transport Council, 17 June
asked Her Majesty's Government:What was the outcome of the Joint Environment and Transport Council held in Luxembourg on 17 June. [HL2425]
My right honourable friend the Deputy Prime Minister chaired the joint Transport and Environment Council in Luxembourg on 17 June. This was a historic occasion, as it was the first time the Councils of EU Transport and Environment Ministers had come together formally to discuss a wide range of issues. We are happy to report a successful outcome, taking forward the mandate on the Environment from the Cardiff European Council the previous day. We are also pleased that Cardiff gave an impetus to environmental integration, and that the Transport, Agriculture and Energy Councils were invited to start the process.The joint Council unanimously agreed Conclusions which recognise the vital social and economic role of transport but agree that there are adverse environmental effects which mean that current trends in traffic growth are unsustainable. The Conclusions emphasise the importance of an integrated approach, and call for a wide range of policies and measures at Community and member state level, including national action plans, to promote sustainable mobility. The Conclusions also establish a process for the future, providing for the Commission to report to the Council on developments in the integration of environment and transport, and for the Council to meet again in joint session from time to time, to take stock of progress.
Housing: Improving Accessibility
asked Her Majesty's Government:What is the result of the investigation promised by Baroness Farrington of Ribbleton (H.L. Deb., col. 86) into the possibility of including within guidance to local authorities the improvement of accessibility of housing for disabled people through renovation funded by the Capital Receipts Initiative. [HL2351]
My noble friend's remarks did not refer to guidance relating to the Capital Receipts Initiative but were more generally about guidance on how access might be improved during housing renovation. Part M of the Building Regulations does not apply to alterations and recent consultation on extending Part M to new housing retained this limit on application. Resources made available made under the Capital Receipts Initiative may be used to improve the accessibility of housing to disabled people where that is a local priority.
Fish Farms, Scotland
asked Her Majesty's Government:When they intend to publish planning guidelines for Scottish local authorities on the location and regulation of fish farms in Scotland; and how long a period will be allowed for consultation on these guidelines once they are published. [HL2317]
Draft guidance on marine fish farms is currently at an advanced stage of preparation. It is envisaged that it will be issued for consultation later in the summer. A consultation period of at least two months will apply.