asked Her Majesty's Government:When they will announce the appointment of the United Kingdom Member to the Council of Europe Venice Commission. [HL 1970]

I am pleased to announce that Professor Jeffrey Jowell QC has been appointed as the UK Member of the European Commission for Democracy Through Law (the Venice Commission).

asked Her Majesty's Government:Whether the Lord Chancellor has completed his review of the terms of service of part-time judicial office-holders in England and Wales following the judgment of the High Court of Justiciary in Scotland in the

The Lord Chief Justice of England and Wales, and the Lord Chief Justice of Northern Ireland and I have agreed new arrangements for part-time judicial appointments for which I am responsible. We accord the highest value to the maintenance of judicial independence for all judges, full-time and part-time, and the arrangements have been fashioned by us for that purpose.I am placing in the Libraries of both Houses two joint statements signed by me and by the Lord Chief Justices setting out these changes far the following appointments in ordinary Courts in England and Wales:

asked Her Majesty's Government:When they intend to publish the review of the Crown Office List. [HL2003]

My department has today published the Review of the Crown Office List. The Review was chaired by Sir Jeffery Bowman. Copies have been placed in the Libraries of both Houses.

asked Her Majesty's Government:What monitoring is done of the use of diamorphine in the treatment of elderly patients in National Health Service hospitals; and what evidence the Department of Health has of such patients being overdosed with diamorphine. [HL1910]

Diamorphine is controlled under the Misuse of Drugs Act 1971 and classified as a schedule 2 Controlled Drug under the Misuse of Drugs Regulations 1985. Accordingly there are strict controls over its prescription, requisition, storage, and supply.Department of Health guidance (Guidelines for the Safe and Secure Handling of Medicines, commonly known as "the Duthie report") issued in 1988, recommends that a register of the receipt, supply and use of Schedule 2 Controlled Drugs is kept at ward level as good practice. More recently, the controls assurance initiative, launched by my honourable friend the Minister of State of Health, Mr Denham, in November 1999, sets out the "organisational" controls expected to be in place in hospitals across a range of areas. In March of this year, the National Health Service Executive issued a revised controls assurance standard to NHS hospitals—

asked Her Majesty's Government:With what authority did the Lord Sainsbury of Turville announce a definitive spending commitment arising from the forthcoming Comprehensive Spending Review. [HL1802]

The £25 million additional money to be made available to the North West for research will be provided over the years 2001–02 to 2003–04, the period of the next Spending Review, the outcome of which will be announced later this year. The funding can be accommodated within the department's baseline without affecting the already announced allocations to the Research Councils, to other funded bodies, and to programmes and schemes such as the Joint Infrastructure Fund, Foresight LINK Awards and University Challenge.

asked Her Majesty's Government:In addition to the spending commitment arising from the forthcoming Comprehensive Spending Review announced by the Lord Sainsbury of Turville, what other commitments have been determined; and when will they be announced to Parliament. [HL1803]

There are no current plans to announce any commitments over and above the department's already published allocations up to 2001–02 before the outcome of the Spending Review later this year.

asked Her Majesty's Government:Whether they have any plans to submit a plan for assistance for those faced with insolvency in the pig industry. [HL1829]

We have no plans to submit a separate scheme on the lines suggested. It is envisaged however that the pig industry restructuring scheme, announced on 30 March as part of the Action Plan for Farmers, will include an outgoers element, which may be applicable to pig breeders faced with insolvency.

asked Her Majesty's Government:What monitoring for BSE in cattle do they propose to undertake in 2000–01. [HL1968]

In line with advice from SEAC, the Government's Scientific Advisory Committee on BSE, the Government propose to test for BSE in 10,000 cattle aged over five years slaughtered under the Over Thirty Months Scheme. This programme will start in April 2000. It will follow on from last year's similar survey of almost 4,000 cattle. The aim of this second survey will be to monitor the decline in the BSE epidemic in the UK.This initiative will be additional to the EU-wide testing programme of casualty and fallen stock which was agreed in the Standing Veterinary Committee on 4 April with UK support. It will start in January 2001, and require the UK to examine about 7,000 cattle annually.

asked Her Majesty's Government:Whether they are aware of any cases in which maternal transmission of BSE has been demonstrated. [HL1776]

We are not aware of any such cases. SEAC has, however, concluded that there is some epidemiological evidence of maternal transmission at a low level although it did not rule out the possibility of factors of genetic susceptibility.

asked Her Majesty's Government:Whether any studies are under way to determine how far mice, that express only human PrP with methionine only at codon 129, and such mice which are heterozygous for valine and methionine at this codon, are susceptible to infection with BSE. [HL1890]

This has been identified as a research priority by MAFF. A call for proposals to perform these studies has been included in the TSE Research Requirement's Document which was published by MAFF on 4 April 2000. Suitable BSE brain samples have also been supplied to a UK laboratory which has developed such transgenic mice.

asked Her Majesty's Government:Whether any studies in humans or animals are under way with the object of determining whether infectious diseases and gastrointestinal disorders play a part in determining susceptibility to BSE infection by the oral route. [HL1891]

MAFF-funded studies are currently under way to look at early disease processes in the guts of mice and cattle following oral infection with BSE. A study of the gut in sheep with natural scrapie is also ongoing in which any signs of infection other than scrapie are being noted together with any association with prion protein.

asked Her Majesty's Government:Whether it is considered by those investigating the occurrence of new-variant CJD that a sufficient number of cattle with BSE have been strain-typed to provide an accurate assessment of the nature of the presumed infective agent. [HL1931]

Strain typing would not identify the nature of the presumed agent: it identifies the strain of TSE present. Scientists working in the field have concluded that there is one strain of BSE as identified by mouse bioassay and molecular typing of the prion protein. The link with vCJD was strengthened when it was shown that the molecular typing of vCJD was the same as BSE. The strain of BSE identified by mouse bioassay and PrP typing remains constant when animals other than cattle are infected with BSE. In addition, the lesion profile within the brains of cattle with natural BSE has been monitored in birth year cohorts starting with the 1992 cohort. The lesion profile in cattle has remained constant, indicating that only one strain is present.

asked Her Majesty's Government:Whether any large scale studies are in progress for the molecular strain typing of scrapie in sheep. [HL1892]

Molecular strain typing needs to be performed under rigorous conditions in a laboratory to give interpretable results. MAFF has supported several studies which have attempted to repeat or scale up this process. MAFF has recognised the need to explore further the definition of strain both in mouse bioassay and by molecular methods and has included this in its Research Requirements document published on 4 April 2000. In addition, the strains present in the brains from 141 sheep with natural scrapie are currently being determined using mouse bioassay, and a further 94 are planned.

asked Her Majesty's Government:Whether any studies are in progress or contemplation to screen brain tissue from food animals other than cattle and sheep for the presence of transmissible spongiform encephalopathies. [HL1893]

No studies are in progress, and currently there are no plans, to screen brain tissue from food animals other than cattle and sheep for the presence of transmissible spongiform encephalopathies.

asked Her Majesty's Government:Whether they will place in the Library of the House and on the Internet full details of all research into transmissible spongiform encephalopathies currently funded by the Government including:

The MRC website (www.mrc.ac.uk/) lists all current UK publicly funded research. The full document is also available to all Members in the Library of the House. This includes projects funded by MAFF, the Department of Health, Scottish Executive Rural Affairs Department (SERAD), the Biotechnology and Biological Science Research Council (BBSRC) and the Medical Research Council (MRC). Current projects are listed by title, with a contact name and location, and costs for 1998–1999 and 1999–2000. Recently completed projects are also listed by title, with a contact name and location, and total costs. Anticipated completion dates are also listed, although some of these projects are reassessed at this time for further funding.

asked Her Majesty's Government:Whether the e-czar has expressed any views as to the effect and practicality of the Government's IR35 provisions (on the treatment for tax and National Insurance purposes of the provision of services through intermediaries such as personal service companies); if so, what those views are; and whether they are being taken into account by Ministers in the determination of policy in this area. [HL1933]

Mr Alex Allan has received many representations on this issue and has posted his views on the Discussion Forum area of his website—www.e-envoy.gov.uk. He has made it clear that he supports the Government's policy of stopping unfair avoidance of tax and National Insurance contributions.

asked Her Majesty's Government:What effect the Government's IR35 provisions have had on one-person personal service companies in knowledge-based industries, particularly in terms of such individuals electing which country's tax regime they will be subject to. [HL1934]

We have no reason to believe that there has been a significant change of behaviour as a result of the new provisions for personal service providers, which simply ensure that everyone pays income tax and National Insurance contributions on a fair and reasonable basis.

asked Her Majesty's Government:What criteria the Inland Revenue will apply in determining exemptions from their IR35 provisions. [HL1935]

The new legislation will be applied only to income generated from activities which carry the normal characteristics of employment. The same case law tests as to whether someone is employed or self-employed for tax and National Insurance purposes will apply to everyone, whether they work through a service company or not.The criteria which determine employment status for tax and National Insurance purposes are based on a long history of case law. An overview of these criteria is available in the Inland Revenue February 2000 Tax Bulletin, or on the Inland Revenue website at www.inlandrevenue.gov.uk/ir35.

asked Her Majesty's Government:Whether the IR35 provisions are consistent with the Chancellor's determination to establish the United Kingdom as a knowledge-based economy. [HL1936]

People in this country pay tax and National Insurance contributions depending on whether they are employed or self-employed. We believe that these rules should apply equally to everyone: it is not fair that it should be possible to avoid them simply by setting up a one-man company.We can only support the people who are genuinely self-employed, who take risks and create employment, if we make sure that tax measures designed to encourage enterprise do not go also to people who are really no different from employees. By tackling avoidance activity, we will be able to target our support for small businesses more effectively, whether in the knowledge-based sector or elsewhere.

asked Her Majesty's Government:Whether they will accept the recommendations made in the report of the Advisory Group on Openness in the Public Sector. [HL2044]

My right honourable Friend the Home Secretary set up the Advisory Group on Openness in the Public Sector last year to advise him on how he might facilitate a cultural change to greater openness in the public sector. The advisory group reported to him in December and he has carefully considered both the report and its recommendations.The recommendations address the practical matters necessary to bring about cultural change and to implement a Freedom of Information Act. They set out a broad agenda for action which my right honourable Friend the Home Secretary is happy to endorse in full. He will be looking to see how we can best give effect to that agenda and he commends the report and recommendations to all public authorities which will be brought within the scope of the freedom of information regime described in the Freedom of Information Bill now before Parliament. A copy of the report has been placed in the Library and is also available in the Home Office website www.homeoffice.gov.uk.

asked Her Majesty's Government:How many states have ratified the First Optional Protocol of the International Covenant on Civil and Political Rights, thus providing a right of individual petition; whether the other Member States of the European Union have so ratified; and whether the United Kingdom will join them. [HL1859]

Ninety-five states, of which 14 are members of the European Union, have granted the right of individual petition under the First Optional Protocol.The Government have no present plans to grant new rights of petition under any United Nations human rights treaty. This reflects the outcome of a thorough review of our obligations under international human rights treaties in March 1999. We will review the position again when the Human Rights Act 1998 has been implemented and is properly bedded down.

asked Her Majesty's Government:Whether they will lift their reservation on Article 10(2)(b) and (3) of the International Covenant on Civil and Political Rights, which prohibits mixing young offenders and adult prisoners; and [HL 1860]Whether they will lift their reservation on the provision to prohibit separating young from adult offenders in the Convention on the Rights of the Child. [HL1863]

The Government agree in principle that young prisoners should be held separately from adults. We have provided £51 million to enable the Prison Service to create a distinct estate for young men under 18 years old. However, the United Kingdom believes it should maintain its reservations on Article 10(2)(b) and (3) of the International Covenant on Civil and Political Rights and Article 37(c) of the United Nations Convention on the Rights of the Child. There continue to be a small number of young men whose particular circumstances mean that they are best temporarily held in adult prisons, for example, because of distance from court.The Government have decided that young women aged 15–16 should be placed in non-Prison Service accommodation, and those aged 17 years as spaces become available. In the interim, 17 year-olds on remand will continue to share facilities with adults due to their small numbers, and those sentenced with other young women under 21 in enhanced young offender units in women's prisons.

asked Her Majesty's Government:Whether they will lift their reservation on Article 20 of the International Covenant on Civil and Political Rights relating to the advocacy of religious hatred. [HL1861]

The Government have no immediate plans to lift this reservation.Incitement of racial hatred is an offence under Part III of the Public Order Act 1986. For the purposes of this offence "racial hatred" is defined as hatred against a group of persons in Great Britain defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins. This means that the law does not cover all religious groups. The Government are listening to the concerns of minority faith communities about the issues of religious discrimination, and to the case for it to be made subject to the law. This issue raises many difficult, sensitive and complex questions.We have commissioned a team from the University of Derby to conduct research to assess the current scale and nature of religious discrimination. The results, due in autumn 2000, will help to inform our thinking about the appropriate response regarding religious discrimination and incitement of religious hatred. In the meantime, we intend to maintain the reservation.

asked Her Majesty's Government:How many states have made a declaration under the Convention Against Torture so as to allow individual petition; and whether the United Kingdom will now make a similar declaration. [HL1862]

Forty-two states have made a declaration under Article 22 of the United Nations Convention against Torture, allowing individual petition.The Government have no present plans to grant new rights of petition under any United Nations human rights treaty. This reflects the outcome of a thorough review of our obligations under international human rights treaties in March 1999. We will review the position again when the Human Rights Act 1998 has been implemented and is properly bedded down.

asked Her Majesty's Government:What arrangements have been made following the expiry of the terms of appointment of the members of the Security Service Tribunal on 18 December 1999. (HL2045]

Lord Justice Mummery has been appointed as President of the Tribunal for a period of five years, following his predecessor's acceptance of an appointment to the post of Security Service Commissioner. Sheriff John McInnes, has been reappointed as Vice-President of the Tribunal and both he and Sir Richard Gaskell have been reappointed to the Tribunal for a further period of five years.Lord Justice Simon Brown, formerly president of the Security Service Tribunal, has accepted an appointment as the Security Service Commissioner for a period of three years from 1 April.

asked Her Majesty's Government:Whether they have received the recommendations of the inquiry into the machinery for determining firefighters' conditions of service. [HL2043]

Professor Burchill, who undertook the inquiry, has submitted to my right honourable friend the Home Secretary a number of recommendations for improving the working of the National Joint Council for Local Authorities' Fire Brigades. These include proposals which would involve the acceptance by the employees and the union of conciliation and arbitration, in the event of disputes, a clarification of procedures, a streamlining of the negotiation arrangements, and an independent Chair for the National Joint Council.Implementation of these recommendations would be a matter for the National Joint Council rather than for the Government itself. My right honourable friend the Home Secretary is therefore consulting the employers and the union and other interested parties to confirm that they are willing to accept the proposals and to give them effect. He expects to announce the outcome of these consultations and to publish Professor Burchill's report early next month.My right honourable friend the Home Secretary is extremely grateful to Professor Burchill for the time and effort he has given to the inquiry, the way he has conducted it and the extent of common understanding and agreement he has already been able to achieve.

asked Her Majesty's Government:Whether they have reached a decision on the bids for notional credit approvals under the second round of the private finance initiative for the Fire Service. [HL2042]

We received indicative bids from 10 fire authorities for notional credit approvals under this second Private Finance Initiative (PFI) round for the fire service.My right honourable friend the Home Secretary has today decided that notional credit approvals for 2001–02 should be set aside in respect of indicative bids from the fire authorities for:

asked Her Majesty's Government:What steps they are taking to make kerb crawling an arrestable offence. [HL2041]

My right honourable friend the Home Secretary is very aware of the nuisance caused by the activities of kerb crawlers. The Government agree that a specific power of arrest would assist the police in dealing with this problem. My right honourable friend intends to include this proposal in the draft of a police and private security Bill on which we will be consulting later this session, and which we will introduce at the earliest legislative opportunity.

asked Her Majesty's Government:What are the most recent statistics available for the police use of firearms. [HL2046]

The statistics for April 1998 to March 1999 show that the number of police operations in which firearms were issued to officers was 10,928, a fall of over 7 per cent on the previous year. The number of firearms incidents in which firearms were discharged by police was five, compared to three the previous year. There were no fatalities.There was an increase of 3 per cent to 7,791 in the number of operations in which armed response vehicles were deployed. Firearms were carried in these vehicles, but were not necessarily issued to officers on each occasion.Full details are set out in the tables.