Written Answers
Monday, 12th June 2000.
Agricultural Buildings And Council Tax
asked Her Majesty's Government:Further to the Written Answer by Lord Whitty on 116 May
(WA 9), what is the policy for applying council tax to disused farm buildings when planning permission is being sought to convert buildings for human habitation; and [HL2668]
What liability has the owner of a disused farm building for council tax when (a) planning permission is being sought to change use of that building to human habitation; and (13) when building works are under way to convert that building for human habitation. [HL2669]
Non-domestic buildings are subject to non-domestic rates. However, non-domestic agricultural buildings, whether or not planning permission is being sought for a change of use to domestic, are exempt from non-domestic rates. While the conversion of a non-domestic building into domestic use is under way, there will be no council tax liability until the dwelling has been completed.Where a disused farm building is domestic but is derelict it will not constitute a dwelling for the purpose of the council tax and will not attract a council tax liability until works have been undertaken to improve it.Where a disused farm building is domestic and constitutes a dwelling for council tax purposes, it will be exempt for up to one year while it is in need of or undergoing major repair works, or is undergoing structural alteration. Thereafter, it will be subject to 50 per cent council tax while it remains unoccupied.
Council Of The European Union: Rules Of Procedure
asked Her Majesty's Government:Further to the Written Answers by the Lord Whitty on 17 May
(WA 26) about the European Union Waste Incineration Directive, whether they will give details of:
Rules of Procedure for the Council were first laid down in 1970s. They are regularly updated, with revisions published in the Official Journal. The latest version can be found in OJ L147 from 12 June 1999. The legal basis for all revisions of the Rules of Procedure is Article 207.3 TEC.In addition to the Rules of Procedure, access to Council documents is governed by a separate Council decision (93/731/EC). This is currently being revised as part of a Commission proposal aimed at establishing rules on access to documents across all the Community's Institutions. The Government attach a high priority to increasing transparency and openness in EU decision making. They therefore welcome this proposal.
Goods Vehicles: Penaltiies
asked Her Majesty's Government:What is the maximum financial penalty that can be imposed for causing or permitting a goods vehicle to be overloaded; and how would this compare with the standard civil penalty for inadvertently carrying four clandestine immigrants. [HL2691]
On summary conviction, the maximum financial penalty for a person or goods vehicle operator who fails to comply with the prescribed maximum permitted axle or gross weight of the vehicle is £5,000. In addition, if the lorry is so overloaded that its condition is likely to involve a danger of injury, a further offence may be committed with an additional penalty of up to £5,000. Lorry drivers or haulage operators who are found to be transporting clandestine entrants are liable to a charge of £2,000 per entrant.
asked Her Majesty's Government:What is the maximum financial penalty available to the courts for a goods vehicle operator who has caused or permitted a vehicle to be operated with defective brakes; and how this would compare with the standard civil penalty for inadvertently carrying four clandestine immigrants; and [HL2692]What is the maximum financial penalty available to the courts for a driver who has driven a goods vehicle when he knew or should have known that the vehicle had defective brakes; and how this would compare with the standard civil penalty for inadvertently carrying four clandestine immigrants. [HL2693]
On summary conviction, the maximum financial penalty for a person or goods vehicle operator who fails to comply with the prescribed construction and use requirement for brakes is £5,000 if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. Lorry drivers or haulage companies who are found to be transporting clandestine entrants are liable to a charge of £2,000 per entrant.
asked Her Majesty's Government:What is the maximum financial penalty that the Health and Safety Executive has secured, on conviction, against a goods vehicle operator during the last convenient 24 month period; and how this would compare with the standard civil penalty for inadvertently carrying four clandestine immigrants. [HL2695]
The maximum financial penalty that the Health and Safety Executive has secured, on conviction, against a freight transport operator during the last 24 months for which full records are available is £12,000. Two prosecutions have resulted in a fine of this size. Both prosecutions were taken under Section 2 of the Health and Safety at Work etc Act 1974. The first prosecution took place in September 1998 following a fatal fork lift truck accident. The second prosecution took place in October 1998 following the overturning of a gantry crane that seriously injured an employee.Lorry drivers or haulage operators who are found to be transporting clandestine entrants are liable to a charge of £2,000 per entrant.
Goods Vehicles: Notifications To Health And Safety Executive
asked Her Majesty's Government:How many notifications, which have involved the operation of goods vehicles, the Health and Safety Executive have received under the Reporting of Injuries, Deaths and Dangerous Occurrences Regulations during the last convenient 24 month period. [HL2694]
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 require the notification to the enforcing authority of deaths, major injuries and injuries leading to over three days' absence from work and of specified Dangerous Occurrences. 1997–98 and 1998–99 are the latest years for which figures are available.During 1997–98 HSE was notified of 220 injuries (including four fatalities) involving goods vehicles and 89 Dangerous Occurrences involving the conveyance of dangerous substances by road.During 1998–99 HSE was notified of 224 injuries (including eleven fatalities) involving goods vehicles and 52 Dangerous Occurrences involving the conveyance of dangerous substances by road.
Midwives: Use Of Green Warning Beacon
asked Her Majesty's Government:Whether it would be legal or desirable for midwives when involved with medical emergencies to use a green flashing light on their vehicles. [HL2696]
It is currently not legal for midwives to use green flashing lights. The use of a warning beacon emitting green light is restricted to medical practitioners registered by the General Medical Council, and for the purposes of an emergency.However, the Government will be reviewing whether the regulations should be amended to extend this facility to midwives. Any proposal to do this would be subject to public consultation.
European Structural Funds: Private Sector Involvement
asked Her Majesty's Government:In the next funding round of the European Structural Funds (Objective 2 and 3), what effort they are making to ensure greater participation in projects from the private sector. [HL2583]
The private sector has a major part to play in the new Structural Funding round. All government departments are renewing their efforts to ensure that there is greater private sector involvement. Publicity in the regions will be aimed at encouraging private sector involvement in the new programmes. The Government have encouraged programme partners to include private sector funding as a substantial part of programmes.
Wind Power: Research
asked Her Majesty's Government:What studies have been carried out or are proceeding in regard to the social and economic consequences of the development of wind power; and what advice they have given to planning authorities in respect of such developments. [HL2642]
The Department of Trade and Industry's R&D programme for new and renewable energy includes studies on a range of nontechnical issues on renewable energy generally and wind energy in particular. Details of wind energy and planning studies are contained in DTI's report DTI New & Renewable Energy Programme Annual Plans 1999/2000 and the associated annual report for 1998/99. Copies of these publications are available in the Library of the House.In order to promote a strategic approach to planning for renewable energy from the regional level downwards, the Government Offices for the Regions are commissioning work to prepare regional assessments and targets for renewable energy, including wind power where appropriate, and updating as necessary existing DTI funded planning resource studies. In England, Planning Policy Guidance Note 22:
Renewable Energy has been the main source of advice provided to planning authorities
and a final version of the revised Planning Policy Guidance Note 11: Regional Planning, is to be published shortly. This will include a section on renewable energy.
DTI's New & Renewable Energy R&D Programme provides information of use to planning authorities when considering local development plans. Moreover, a range of information specifically on wind power such as studies on noise from wind farms, the cumulative effects of wind turbines in one area and a number of other studies on the environmental impact of wind farms— visual, ecological, electro-magnetic and colour— are available to local authorities to help inform their planning decisions.
On the economic aspects of renewable energy generally, this industry currently comprises 700 organisations and is estimated to employ 3,500 people directly.
Northern Ireland: Transport Spending
asked Her Majesty's Government:Further to the Written Answer by the Baroness Farrington of Ribbleton on 3 May
(WA 178–179) regarding the policy of less priority being given to the funding of public transport in Northern Ireland compared with the rest of the United Kingdom, when and why that policy decision was taken. [HL2660]
The current Government's spending priorities throughtout the United Kingdom were determined in the 1998 Comprehensive Spending Review. At the conculsion of the Review, Northern Ireland Office Ministers decided, when allocating resources in Northern Ireland, to give top priority to health, education and law and order services. Spending priorities for the three years from 2001/2002 will be a matter for the Executive Committee to consider in the current Spending Review 2000 exercise.By convention, Ministers cannot comment on the reasons why particular spending decisions were taken by previous governments.
Prostitutes' Cards In Phone Boxes
asked Her Majesty's Government:What responses they have received to the consultation exercise entitled
New Measures to Control Prostitutes' Cards in Phone Boxes and what action they now propose to take. [HL2793]
My honourable friend the Minister of State at the Home Office, Mr Clarke, received 60 replies to the consultation exercise. Many respondents did not comment directly on the need for action and just under half (27) specifically stated there was a problem which needed to be tackled. Only four did not feel action should be taken. We therefore conclude we need to take specific action to deal with prostitutes' cards in phone boxes.However, it remains the case that this is very much a local problem and action needs to be targeted at the specific areas involved.No single straightforward solution emerged from the consultation responses, although there was strong support both for call barring and for a new criminal offence. We accept that action should be taken on both these fronts together.On call barring, we are asking the Director-General of OFTEL to consider how best to develop an effective scheme in consultation with the industry.On the new criminal offence, respondents to the consultation exercise expressed differing views on how an effective new criminal offence could be formulated. They highlighted the need for the new offence to fit coherently into controls and regulatory schemes already in place. My honourable friend, the Minister of State for the Home Office, Mr Clarke, has therefore asked his officials to meet local authorities, OFTEL, the police, the Crown Prosecution Service and other agencies to draw up final proposals with a view to legislating when parliamentary time allows.In taking this action, my honourable friend the Minister of State at the Home Office, Mr Clarke, has looked carefully at whether effective measures against prostitutes' cards could lead to an increase in street prostitution, and whether, if so, the cards should be seen as the lesser affront. He raised this issue specifically as part of the consultation. However, the responses as a whole did not suggest this was a major concern. It was noted that street prostitution had not decreased with the advent of carding. Moreover, the number of prostitutes advertising in this way in London was estimated at between 250–400, but the number of cards produced was 13 million per year. Prostitutes outside London and Brighton do not normally have recourse to this particularly offensive form of advertising, although we are aware of small scale use of this form of advertising in a few other areas. My honourable friend the Minister of State at the Home Office, Mr Clarke, has therefore concluded that action against carding is justified and is very unlikely to be counter productive.A summary of the responses has been placed in the Library.
Criminal Cases Review Commission
asked Her Majesty's Government:What reappointments and appointments are to be made to the Criminal Cases Review Commission. [HL2791]
Her Majesty the Queen has approved the reappointment for a further term of the following existing members of the Criminal Cases Review Commission:
- Mr Barry Capon CBE
- Miss Jill Gort
- Mr John Knox
- Mr David Kyle
- Professor Leonard Leigh
- Dr James MacKeith
- Mr Edward Weiss.
Hm Chief Inspector Of Prisons
asked Her Majesty's Government:What plans they have for the post of Her Majesty's Chief Inspector of Prisons on the expiry of Sir David Ramsbotham's appointment. [HL2792]
I am delighted that Her Majesty the Queen has consented to an extension of the appointment of Her Majesty's Chief Inspector of Prisons, Sir David Ramsbotham, until July 2001. Sir David has made a great contribution to our shared goal of ensuring that prisoners are held securely in safe, decent and healthy establishments. I am pleased that he will continue in his role beyond the expiry date of his original appointment.Her Majesty's Chief Inspector of Probation, Sir Graham Smith, also retires close to the end of July 2001. Aligning the dates when both posts will be vacant gives the Government flexibility in considering how best to ensure that the arrangements for inspection of prisons and the Probation Service best support closer working between the services as well as ensuring that the individual services continue to be inspected rigorously and independently as they have been. My right honourable friend the Home Secretary will be making a further statement to Parliament on this in due course.
Remembrance Sunday: Cenotaph Ceremony
asked Her Majesty's Government:Whether they will make an announcement on this year's ceremony at the Cenotaph on Remembrance Sunday. [HL2790]
The usual ceremony at the Cenotaph will be held on Remembrance Sunday. The Royal British Legion has made proposals which will allow other relevant groups and individuals who have not in the past taken part in the march-past at the conclusion of the official ceremony to do so. I welcome these proposals, which the Royal British Legion are now taking forward. Interested parties will be able to apply through the Royal British Legion.
Gaza Eu Hospital
asked Her Majesty's Government:When they expect the new General Hospital in Gaza, initiated by the United Nations Relief and Works Agency for Palestine Refugees (UNWRA) and funded by the European Union, to be fully open and in use; and whether they will seek to advance that date. [HL2519]
The Gaza EU Hospital is expected to open for its first outpatient on 15 July 2000 and its first inpatient on 15 October 2000. The hospital plans to be fully operational by 15 January 2001. The European Commission and the Palestinian Authority are working together to enable the EU hospital to open on time.
Human Rights Policy
asked Her Majesty's Government:Whether they will list (a) the states with which they are conducting a dialogue with regard to unsatisfactory human rights performance, and (b) the states whose observance of human rights is unsatisfactory and against which they are pursuing a policy of sanctions because those states will not engage in such a dialogue. [HL2572]
Her Majesty's Government have adopted a policy of critical engagement—the pursuit of political dialogue wherever it can produce benefits. Her Majesty's Government therefore promote human rights through dialogue wherever and whenever we can. The nature of that dialogue varies according to the circumstances. In some cases we have a formally structured dialogue (such as that held with China). We hold regular discussions on human rights issues with the majority of countries in the world. Where we have human rights concerns, we will take every realistic and responsible step to pursue them.The UK does not pursue a policy of sanctions against states solely because they will not engage in a dialogue on human rights. However, the UK is currently implementing sanctions, under UN, EU and national regimes, against a number of states whose human rights performance we consider to be unsatisfactory.
Sierra Leone: Child Soldiers
asked Her Majesty's Government:Whether, in consideration of any agreement to supply training or weapons to the Sierra Leone armed forces, they will require those forces not to employ any persons under 18 years of age; and whether they will take steps to recover weapons previously supplied now in the hands of child soldiers. [HL2644]
In proceeding with our programme to help create new, democratically accountable Sierra Leone Armed Forces, we sought and secured in March 1999 an assurance from President Kabbah that children would not be used by the Sierra Leone Armed Forces or the Civil Defence Forces.We have raised with President Kabbah recent reports of the use and supply of weapons to child soldiers by forces loyal to the Government of Sierra Leone.President Kabbah has reaffirmed his commitment to these assurances. The Government of Sierra Leone has issued an order for all those under the age of 18 fighting on its sides to be immediately withdrawn from military service, demobilised and reintegrated into civilian life.We will continue to monitor the situation carefully.
Council Of Europe Ministerial Meetings: Uk Representation
asked Her Majesty's Government:Why they were not represented at ministerial level at the meeting of the Committee of Ministers of the Council of Europe in Strasbourg on 11 May concerning Chechnya. [HL2651]
Her Majesty's Government had intended to be represented at the meeting of the Council of Europe's Committee of Ministers held in Strasbourg from 10–11 May by Mr Keith Vaz, Minister of State at the FCO. He was fully briefed and all arrangements had been made. But urgent Parliamentary business meant that he regrettably had to cancel his visit. Given the circumstances, it was not possible to make alternative arrangements for UK ministerial representation at the meeting, and the UK was represented by our Ambassador Mr Andrew Carter.
asked Her Majesty's Government:How often, since the election of 1997, they have been represented in the Committee of Ministers of the Council of Europe by the Foreign Secretary; how often by junior Ministers; and how often unrepresented. [HL2650]
The UK has not been represented by the Foreign Secretary at a meeting of the Council of Europe Committee of Ministers since the 1997 election. Over the same period the UK has been represented by a junior Minister at such meetings once, at the May 1999 meeting in Budapest, by the then Home Office Minister Lord Williams of Mostyn. At the other six such meetings since 1997 the UK has been unable to be represented by a Minister. The Prime Minister and Mr Lloyd, the then FCO Minister of State, attended the Council of Europe's Second Summit in autumn 1997.
Joint Entry Clearance Unit
asked Her Majety's Government:Whether they will provide further information about the Joint Entry Clearance Unit. [HL2717]
As my honourable friend the Minister of State for Europe said in another place on 20 March 2000 (Official Report, cols. 833–836), the Foreign and Commonwealth Office and the Home Office have signed a Memorandum of Understanding on the establishment of the Joint Entry Clearance unit (the JECU). Copies of the document have been placed in the Libraries of both Houses. This week the JECU has moved to its new offices at 89 Albert Embankment. By bringing together Foreign and Commonwealth Office and Home Office expertise in a single unit, it will provide a better co-ordinated and more effective service to entry clearance applicants. More information about the new unit, including contact numbers within it, will be circulated to noble Lords.