asked Her Majesty's Government:Whether they will report on the outcome of the Justice and Home Affairs Council held in Brussels on 24 September. [HL3492]

My right honourable friend the Home Secretary and honourable friend the Parliamentary Under-Secretary of State (Kate Hoey) represented the United Kingdom at the Council. The main matters dealt with were as follows:The Council agreed as "A" points, among other things, Europol's budget for 1999, the half-yearly report on the activities of the Europol Drugs Unit, decisions concerning the role of the Director of Europol after entry into force of the Europol Convention and the transfer of the strategic direction of the TECS project to Europol, and the regular Europol information system report.The Council reached political agreement on the text of the draft Joint Action on the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime.The Presidency informed the Council that the explanatory report on the convention on the fight against corruption would be adopted at a later Council meeting after passing through jurist-linguists.A useful discussion was held on new technical developments in the interception of telecommunications and their implications for the draft Convention on Mutual Legal Assistance, agreement to which is an important priority in the fight against organised crime.The Council noted a progress report on preparations for the entry into force of the Europol Convention and discussed the rules and procedure to be employed by Europol's Joint Supervisory Body. This matter will be discussed further at the informal meeting of Justice and Home Affairs Ministers in Vienna at the end of October.The Presidency gave an oral progress report on negotiation of the draft Eurodac Convention, which is concerned with the fingerprinting of asylum applicants. Ministers will discuss the matter again at the Vienna informal Ministerial meeting.The Council received from the Presidency an oral report on the implementation of the Action Plan on the influx of migrants from Iraq and on migration from Kosovo and the neighbouring region.

asked Her Majesty's Government:What was the outcome following the review of the powers of controllers at contracted out prisons, announced on 19 June 1997. [HL3491]

My right honourable friend the Home Secretary has carefully reviewed the existing powers of controllers at privately managed prisons and has decided that broadly the current arrangements should be retained. Increasing the powers of controllers would reduce the contractors' operational responsibility for managing the prisons. The essence of contracting out is that optimum risk should be transferred to the private sector; efficient contract enforcement would seem to be the best way to ensure value for money from these contracts.

asked Her Majesty's Government:Why they have not published the Immigration Service Instruction, dated 3 December 1991, which contains the guidelines for detention of asylum seekers, on the Home Office website. [HL3353]

I refer the noble Lord to the reply given to a Question from my noble friend Lord Ponsonby of Shulbrede on 6 April 1998 (WA 98), in which I explained that I was placing a copy of the disclosable version of four of the six volumes of the Immigration Directorates' Instructions (IDIs) in the Library. I also refer the noble Lord to the reply given to a Question from my noble friend Lord Hogg of Cumbernauld on 9 July 1998 (WA 149), in which I explained that the disclosable version of the IDIs is being placed on the Internet.The instruction to which the noble Lord refers has been superseded by guidance which now forms part of Volume 6 of the IDIs. This is one of the two volumes which were not originally disclosed. We are examining further the question of disclosure of the remaining two volumes in so far as they relate to immigration casework.Further guidance on this subject is also contained in the Operational Enforcement Manual for immigration officers. Disclosure of this manual is also under consideration. I shall make a further statement in due course.

asked Her Majesty's Government:Whether they consider that the constitutional conventions maintaining and protecting the separation of powers mean that the Lord Chancellor should not sit in his judicial capacity in the determination of cases in which the Government have an interest or where constitutional or political issues are involved. [HL3356]

When exercising his judicial functions the Lord Chancellor is bound by his judicial oath. Discretion is exercised in determining the cases in which he sits in his judicial capacity, as a safeguard against any perception of partiality or conflict of interest. It is not, however, desirable to lay down any rigid rules. Lord Chancellors have, for example, frequently sat in criminal and tax appeals. Where cases arise in which the Government or a Minister has an interest as a party litigant, or in which constitutional or political issues are involved, I will exercise my discretion so as not to sit where I consider that it would be inappropriate or improper to do so.

asked Her Majesty's Government:Whether they consider that, in accordance with the constitutional conventions maintaining and protecting the separation of powers, the Lord Chancellor should not sit in his judicial capacity in constitutional and human rights cases arising under the Human Rights Bill, the Scotland Bill, the Northern Ireland Bill and the Government of Wales Act 1998. [HL3357]

When exercising his judicial functions the Lord Chancellor is bound by his judicial oath. Where constitutional or human rights cases, arising under the legislation to which the noble Lord refers, come before the Judicial Committee of the Privy Council, or this House in its judicial capacity, I will exercise my discretion not to sit where I consider it would be inappropriate or improper to do so. I have no doubt that any future Lord Chancellor will do likewise. It is not, however, desirable to lay down any rigid rules.

asked Her Majesty's Government:Whether they will make it their practice to instruct counsel representing Ministers and their departments, in proceedings involving convention rights under the Human Rights Bill, not to seek an order for costs against an unsuccessful claimant except where the proceedings are vexatious or constitute an abuse of legal process. [HL3358]

No. If Her Majesty's Government successfully defend a claim involving convention rights under the Human Rights Bill, the normal costs rules will apply; and, where appropriate, counsel will be instructed to seek an order for costs from the unsuccessful party in the usual way.

asked Her Majesty's Government:Whether they have set a firm date in April 1999 for the introduction of the first phase of the civil justice reforms? [HL3463]

The first phase of the civil justice reforms will be introduced on Monday, 26 April 1999, when the new civil procedure rules and supporting materials will come into effect.

asked Her Majesty's Government:What was the outcome of the European Union Internal Market Council on 24 September. [HL3483]

I represented the UK at the Internal Market Council in Brussels on 24 September.The Commission reported to the Council on member states' progress towards implementation of the Single Market Action Plan, which aims to improve the operation of the Single Market. The Commission reported that the number of directives not yet implemented in all member states had been cut from 35.5 per cent. in June 1997 to 15.4 per cent. currently. The Council adopted conclusions which reaffirmed its commitment to the implementation of the action plan, noted the importance of making the Single Market rules more effective and welcomed the Commission's communication,

asked Her Majesty's Government:What progress has been made on the negotiations on a protocol to strengthen the Biological Weapons Convention. [HL3327]

Since 1995 an Ad Hoc Group of States Parties has been meeting in Geneva to consider measures to strengthen the 1972 Biological Weapons Convention. UK officials chair the sessions on compliance measures at the negotiations. The Ad Hoc Group has made good progress and is now working on the rolling text of a draft protocol. Next year will see further intensification of this work, with some 16 weeks of negotiations. Much detailed work remains to be done but the United Kingdom, together with its EU partners, believes that an effective package of measures can be agreed during 1999.

asked Her Majesty's Government:What progress has been made on the full and effective implementation of the Chemical Weapons Convention. [HL3328]

Since entry into force of the Chemical Weapons Convention (CWC) on 29 April 1997, the Organisation for the Prohibition of Chemical Weapons (OPCW) has put in place a rigorous inspection regime to ensure full and effective compliance with the provisions of the treaty. One hundred and eighteen countries have so far ratified the CWC, and the UK aims to achieve a treaty with universal adherence. To this end, we initiated a series of démarches world wide during our EU Presidency earlier this year.The CWC Act of 1996 provides the legislative framework for implementation of the Convention in the UK, with the Department of Trade and Industry (DTI) acting as the national authority. The DTI has successfully overseen the 18 OPCW inspections which have so far been received by the United Kingdom, all of which have passed off without problems.

asked Her Majesty's Government:Whether they are aware of any instances documented by sources independent of the Iranian Government where civilians have been maimed or killed during military operations carried out against the Iranian regime by the Mujaheddin over recent years; what account they have taken of the statement issued by the majority of members of the United States House of Representatives on 16 September that the Mujaheddin is "legitimate opposition to the Iranian regime"; and whether they recognise the right of Iranian people to resist a dictatorship. [HL3378]

Her Majesty's Government do not recognise the National Council for Resistance of Iran (NCRI), of which the Mujaheddin-e-Khalq Organisation (MKO), otherwise known as the People's Mujaheddin of Iran (PMOI), is the dominant party. Her Majesty's Government remains firmly opposed to the violence practised by the MKO and to terrorism from any quarter. The MKO has claimed responsibility for the bomb explosion at the Iranian Revolutionary Court in Tehran in June, which killed at least two people. They have also claimed responsibility for the recent shooting of Mr. Lajevardi, the former head of the prison service, in his shop in the bazaar in Tehran, in which it appears that a passer-by and a friend of Mr. Lajevardi were also killed. Such attacks on unarmed individuals in public places, with the resultant deaths of passers-by, can hardly be considered as "military" actions. Her Majesty's Government condemned both attacks unreservedly.The MKO remains on the US State Department list of terrorist organisations despite the recent statement by the House of Representatives.

asked Her Majesty's Government:In light of the unanimous opposition demonstrated by the Government and opposition parties of Gibraltar, how they intend to reply to the proposals presented by the Spanish Foreign Minister, Senor Matutes, during the last round of the Brussels agreement talks on 10 December 1997. [HL3363]

Her Majesty's Government have said that we will study the proposals and reply in due course. We have also said that we stand by the commitment enshrined in the preamble to the 1969 Constitution. There can be no change in sovereignty over Gibraltar without the consent of its people. That remains the position.

asked Her Majesty's Government:What plans they have to ratify the treaty establishing the International Criminal Court's jurisdiction over war crimes. [HL3383]

It is our hope that we shall be among the first 60 states to ratify the Statute of the International Criminal Court. We will bring forward the necessary legislation as soon as the parliamentary timetable allows.

asked Her Majesty's Government:What discussions the "Contact Group" has had with President Rugova about the future of Kosovo. [HL3386]

Representatives of the Contact Group have been in regular contact with Dr. Rugova at which they have underlined that the Contact Group's position on the status of Kosovo is clear: we support an enhanced status with a large degree of autonomy for Kosovo within the Federal Republic of Yugoslavia. This must include meaningful self-administration. Dr. Rugova's negotiating team is engaged in talks on a Contact Group-endorsed interim settlement based on these principles.

asked Her Majesty's Government:What has been the outcome of his inquiry into the leak of the Strategic Defence Review White Paper. [HL3490]

A copy of the Strategic Defence Review White Paper was leaked to the Opposition Front Bench and to the press on the afternoon and early evening of Tuesday 7 July. As soon as my right honourable friend the Secretary of State for Defence learned about the leak, he asked the Cabinet Secretary to authorise an immediate and thorough investigation into how it came about. This inquiry has been conducted by two independent investigators. It has now been completed.We regret that after extensive enquiries, the investigators were not able to identify the person responsible for the leak. They have, however, established the course of events on the afternoon and evening of 7 July with a high degree of probability.The investigators concluded that on 7 July a photocopy of the White Paper was sent by an authorised recipient within government to the Opposition Front Bench; and that subsequently four copies were made within the House and made available to selected journalists. The first newspaper to receive a copy was the

asked Her Majesty's Government:Whether the deep space tracking facility at RAF Feltwell has a role in tracking or searching for satellites, space debris, ballistic missiles and space probes. [HL3312]

RAF Feltwell is responsible for searching for man-made objects in deep space and as such does have a role in searching for and tracking satellites, space debris, and space probes. However, it has no role in ballistic missile detection and tracking.

asked Her Majesty's Government:What is their estimate of the level of defence expenditure by Greece and Turkey for the next five years and the number of tanks already possessed by each of these two countries; what they perceive as the implications for NATO and stability in Europe; and what action they are taking to deal with those implications. [HL3351]

The defence expenditure and military forces of Greece and Turkey are the responsibilities of the countries concerned. We support both countries in their commitment to resolve any bilateral disagreements through dialogue, and welcome the NATO Secretary-General's announcement on 4 June 1998 that the 1988 Memorandum of Understanding on Confidence Building Measures in the Aegean is to be implemented in full.

asked Her Majesty's Government:What further measures they are taking to protect consumers and firms from having to pay not only interest on national debt but also interest on corporate and private credits. [HL3405]

None. Individuals and firms are responsible for paying the interest on debts they take out, but interest on the national debt is borne by the taxpayer.

asked Her Majesty's Government:Whether they are considering reducing the 17.5 per cent. VAT currently placed upon the refurbishment or conversion of homes which have been empty for long periods. [HL3372]

The Government's aim is that within 10 years 60 per cent. of new housing, including conversions, will be built on previously developed sites. Although land use planning is, and will remain, the main instrument of achieving this objective, the Government will also be considering a wide range of economic instruments which could play a complementary part in achieving housing policy aims.

asked Her Majesty's Government:Why it is that, while printed published books and journals are zero-rated for VAT, electronically published material is subject to VAT at the standard rate; and whether they have any intention of correcting this situation by zero-rating electronically published material. [HL3453]

Under EU agreements, while the UK may retain those zero rates it already has, it is not possible to extend their scope nor to create new ones.

asked Her Majesty's Government:Further to the Answers by the Lord McIntosh of Haringey on 5 October regarding the taxation of savings (H.L. Deb., cols. 162–164), to what extent they consider the draft European Union directive on that subject will deal with the problem of tax evasion rather than tax avoidance. [HL3434]

The draft directive is intended to help prevent illegal tax evasion—that is, failure by individuals to declare interest income received from a foreign source. It is not aimed at legal tax avoidance. My remarks during the debate on 5 October were entirely concerned with tax evasion, not avoidance.

asked Her Majesty's Government:Further to the Answer given by Lord McIntosh of Haringey to Lord Higgins on 5 October (H.L. Deb., col. 163), whether they consider that the European Commission consulted adequately with interested bodies in the City of London and elsewhere before proposing its draft directive on the taxation of savings. [HL3438]

The precise extent of prior consultation undertaken by the Commission is not clear. However, it is our view that adequate consultation of the financial sector is essential and we have urged the Commission to extend the range and scope of their external discussions. As I said in the debate on 5 October, the Government have already undertaken extensive consultation with the City on the draft directive.

asked Her Majesty's Government:Whether they will take steps to replace measurements of gross domestic product and gross national product, both within the United Kingdom and in international bodies, with measurements that are being developed by the Office for National Statistics which are able to take into account economically significant unpaid and unrecorded work and the reduction through consumption or otherwise of irreplaceable natural resources. [HL3412]

GDP and GNP are internationally agreed and widely used measures of national output. The Office for National Statistics is developing accounts in areas which are conceptually related to GDP and GNP. The ONS work is further advanced than that of many other statistical bodies: a report on UK Environmental Accounts was published in May 1998, although household accounts are still at a developmental stage. In addition, the Government will shortly publish their proposals for Indicators of Sustainable Development. It is intended that these will be used alongside conventional measures of GDP and GNP, as defined by the new European System of National Accounts.

asked Her Majesty's Government:How many people to date have been fined £100 for failure to comply with the income tax self assessment legislation since its introduction; how many have been fined £200; and how many £300. [HL3385]

The information is not available in this form. However, the Inland Revenue has issued 802,000 First Fixed Penalty notices, 345,000 Second Fixed Penalty notices and 266 Daily Penalty notices for late filed 1996–97 returns in the period to 25 September 1998. The legislation allows for two fixed penalty notices of £100 to be issued when returns are not filed. However, these may be reduced because a fixed penalty cannot exceed the tax liability.

asked Her Majesty's Government:What was the outcome of the European Union Research Council on 13 October. [HL3484]

I represented the UK at the meeting of the EU Research Council on 13 October. The Council made further useful progress in the legislative process for the Fifth Framework Programme for Research and Technological Development (FP5), maintaining momentum in the tight timetable for introducing FP5 at the beginning of 1999. Though formal agreement was not possible at this stage, informal agreement was reached on the scientific and technological content of three of the specific programmes which set out FP5's research priorities in detail. The Council also agreed Decisions on the mandate for negotiating terms of association with FP5 with the countries seeking accession to the EU, on the conclusion of an agreement for scientific and technological co-operation between the European Community and the United States, and on amendments to the statutes of the Joint European Torus Joint Undertaking (JET), through which the EU pursues nuclear fusion research.

asked Her Majesty's Government:What were Remploy's achievements against the targets set in its 1997–98 annual performance agreement. [HL3464]

Now that Remploy has published its report and accounts for 1998 and audited figures are available, I am delighted to confirm that Remploy has exceeded its 1997–98 APA targets. The targets and achievements were:

asked Her Majesty's Government:Whether the proposed West Moors Bypass in Dorset would (a) dissect the Sturts Farm Community for people with learning disabilities, and (b) isolate that community from the wider community, and so appear to run contrary to their policies for such communities; and whether they will call the plan in for examination. [HL3354]

It is for the local planning authorities to consider the impact of the proposed West Moors Bypass on the people living within their areas, including the residents of the Sturts Farm Community. The local planning authorities are best placed to assess any such impact and to decide whether to include the proposed bypass in the emerging structure and local plans. At the present time, the Secretary of State for the Environment, Transport and the Regions sees no reason to call in either of the plans.

asked Her Majesty's Government:What are the rules governing the award of contracts by London Underground to organisations in which relatives of senior staff have an interest. [HL3367]

For appointments to the LT Board, as with any ministerial appointments to public bodies, all candidates, whatever the source of their application, are asked to declare any potential conflicts of interest as early as possible in the scrutiny process. If it appears that a possible conflict exists or may arise in the future, this is explored fully with the candidate to establish whether it is sufficiently significant to prevent candidates carrying out the requirements of the post.Should any relevant changes to the appointee's situation or connections arise during the period of the appointment, there is the same obligation on appointees to inform LT and the Department. In addition there is a formal, annual review process.London Transport's Business Ethics Policy covers all staff and makes it clear that employees of LT and its subsidiaries must not use their authority or position for personal gain, or against London Transport's interests.The Business Ethics Policy requires all staff to inform their employing manager or director in writing if they have any personal interest which might affect, or could be seen to affect, their impartiality or that of any other employee, (e.g. dealing with suppliers, customers and other parties doing, or seeking to do, business with LT; ownership of securities in any company with which LT has a current or potential future business relationship; direct or indirect (family) company share holdings, holding paid or unpaid external positions).In the event that a manager or director has or could be seen to have a conflict of interest with a potential supplier, there is provision for both the invitation to tender and award process to be personally approved by the Head of Commercial Group or an independent director.

asked Her Majesty's Government:What steps they are taking to bring into use empty homes in England of which there were 767,000 in April 1997; and what progress they have made in the past year. [HL3371]

Making best use of existing buildings and bringing empty homes back into use is at the heart of the Government's approach to planning for the communities of the future. We are encouraging local authorities to develop effective empty property strategies that make best use of existing stock and tackle under-occupation. Some 200 authorities have strategies in place. The Department of the Environment, Transport and the Regions is providing funding to the Empty Homes Agency to work with authorities to bring more empty commercial property back into housing use and to assist rural authorities in drawing up successful strategies.The Government have significantly increased the resources available to local authorities to invest in housing, including properties which may have been empty for a long time awaiting refurbishment. Eight hundred million pounds has been made available in 1997–98 and 1998–99 through the Capital Receipts Initiative. A further £3.6 billion is being made available over the period 1999–2000 to 2001–2002, following the Comprehensive Spending Review. Local authorities can also make use of a number of other sources of funding, such as the Single Regeneration Budget and the Housing Corporation's Approved Development Programme to support action on empty property.

asked Her Majesty's Government:Whether they are considering the introduction of an empty property rate after a home has been unoccupied for a period of time, to encourage private owners of empty homes to occupy or let or sell these homes. [HL3373]

We have received representations that the council tax liability attracted by long term empty dwellings should be increased, and we are currently considering these.

asked Her Majesty's Government:What steps they are taking to rid Britain of the problem of youth homelessness by the year 2000; and what progress has been made in the past year. [HL3375]

For young people to be without a suitable home can blight their lives and future development and lead to the social exclusion that this Government are determined to tackle. The problems of youth homelessness go beyond the simple provision of accommodation; many other factors are involved. That is why the Government are keen to address a range of circumstances that can lead to youth homelessness.We have established the Youth Homelessness Action Partnership to bring together senior representatives of central government, local government and the voluntary sector. The partnership's tasks are to: produce an agreed definition of youth homelessness and estimate the numbers involved; identify what works in tackling and preventing youth homelessness; and disseminate good practice to all the key players. The partnership will also contribute towards the evaluation of the impact of Government policies on youth homelessness. The work of the partnership will be underpinned by research to be commissioned by the Department of the Environment, Transport and the Regions (DETR) later this year.We have refocused the DETR Section 180 grant programme, which provides grants to voluntary sector organisations concerned with homelessness, to give priority to projects that prevent and tackle youth homelessness. £8.1 million is available in 1998–99 and over 200 projects around England are benefiting from these grants.The Government are committed to reducing the most extreme example of homelessness—rough sleeping—to as near to zero as possible in our towns and cities. The Prime Minister asked the Social Exclusion Unit to address the issue of rough sleeping as one of its first priorities. Its report sets a tough initial target of reducing the number of people sleeping rough throughout England to a third of its current level by 2002.A new ministerial committee has been established to ensure effective co-ordination of government policy in preventing and tackling rough sleeping. The DETR will be responsible for co-ordination of the overall strategy for England on rough sleeping; including housing, health, access to employment and training and benefits.We will establish a new body for London which will be responsible for reducing the numbers of people sleeping rough in the capital. The new body will have an integrated budget of £145 million over the three years until 2002 to combat rough sleeping and the causes of rough sleeping. Outside London, local authorities are in the best position to take the lead on tackling rough sleeping and single, including youth, homelessness. To support local authorities in achieving the target reduction in rough sleeping in their area, the DETR has launched a new Homelessness Action Programme which will provide £34 million over the next three years to help voluntary organisations outside London to tackle and prevent rough sleeping.