Written Answers
Monday, 5th February 2001.
Eu: United Kingdom Contribution
asked Her Majesty's Government:Further to the Prime Minister's Statement on the Nice European Council on 11 December 2000, to what agreements and documents he was referring when he said that by 2006 the United Kingdom's net contribution to the European Union would be roughly equivalent to France and Italy. [HL446]
The Prime Minister was referring to the agreement reached at the Berlin European Council in March 1999 on a new system of own resources. The document is the Council Decision on the system of the European Communities' own resources dated 29 September 2000.
Farmers And Working Families' Tax Credit
asked Her Majesty's Government:Whether self-employed farmers are eligible for working families' tax credit; and, if so, how many are currently in receipt of it. [HL482]
Self-employed farmers are eligible for working families' tax credit (WFTC) if they have dependent children, if they or their partners work at least 16 hours a week, if they are resident in the United Kingdom and entitled to work here, if they have savings of £8,000 or less, and subject to the level of their family income.It is estimated that about 17,000 families where the main earner was either a farmer or a worker in agricultural, forestry or fishing occupations were in receipt of WFTC at the end of August 2000. It is not known how many were self-employed.
Emu: United Kingdom Voting Rights
asked Her Majesty's Government:Whether, under Article 111(4) of the Revised European Communities Treaties, the United Kingdom is included among the member states entitled to vote on "issues of particular relevance to Economic and Monetary Union" and on other matters mentioned in that sub-clause; and whether in the Declaration to be included in the Final Act of the Nice Conference the United Kingdom is considered to be "in the euro area". [HL445]
In line with paragraph seven of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, the voting rights of the United Kingdom are suspended in respect of Article 111 of the Treaty Establishing the European Community. The UK does not participate in the single currency; hence in the Declaration to be included in the Final Act of the Nice Conference on Article 111 TEC, the United Kingdom is not considered to be "in the euro area".
Eu Political And Security Committee: United Kingdom Representative
asked Her Majesty's Government:Who is the United Kingdom member of the Political and Security Committee of the European Union; what is his rank in the Diplomatic Corps/Civil Service of the United Kingdom; what supporting United Kingdom personnel are allocated to assisting him in his work in Brussels and London. [HL384]
The United Kingdom representative on the Political and Security Committee is David Richmond. He is a member of the senior management structure of the Diplomatic Service.He heads a team of four United Kingdom-based staff working primarily on Political and Security Committee business. Other staff, in Brussels and in London, offer him additional support according to the subject matter under discussion in the Political and Security Committee.
European Council Situation Centre
asked the Secretary of State for Foreign and Commonwealth Affairs:With reference to the Presidency report to the Nice Council on European Union security and defence policy, what are the functions of the Situation Centre, now under the direction of the European Council's Secretary Genera/High Representative; what is the staffing of the Situation Centre; and how many of its personnel are British. [HL407]
The Situation Centre forms part of the General Secretariat of the Council, whose role, under the provisions of the Treaty on European Union, is to assist the Council.The Situation Centre will gather, assess and provide information and evaluations covering all aspects of EU crisis management. It is not yet fully staffed or operational. It currently has 11 staff, of whom one is British.
European Council Directorate General For External Affairs
asked Her Majesty's Government:With reference to the Presidency report to the Nice Council on European Union security and defence policy, what are the functions and responsibilities of the Directorate General for External Affairs within the European Union Council's Secretariat; and whether the post of director general has yet been filled. [HL408]
In accordance with Article 207 of the Treaty on European Union and with the conclusions of the Council meeting on 11 May 1992, the General Secretariat, under the responsibility of the Secretary General, assists the Council and its preparatory bodies in all the tasks devolving on it under the Treaty on European Union, including the common foreign and security policy which is handled within a single Directorate General for External Affairs. The Presidency report to the Nice European Council on European security and defence policy does not change the functions and responsibilities of the General Secretariat of the Council.The post of Director General of the Directorate General for External Affairs has been filled since 1994 by Brian Crowe.
Role Of Commissioner For External Affairs And High Representative
asked Her Majesty's Government:In those areas and countries where the European Union has agreed a common strategy, namely the Ukraine, Russia, the Balkans and the Mediterranean, what is the area of competence remaining with the European Commissioner for External Affairs, Mr Patten; and what is the area of competence now belonging to the Council's High Representative, Mr Solana. [HL428]
The European Council has agreed three common strategies: on Russia, Ukraine and the Mediterranean.The agreement of common strategies does not alter the respective roles and responsibilities of the Commissioner for External Affairs and the High Representative.
asked Her Majesty's Government:In the parts of the world where no European Union common strategy exists, what are the respective roles and competences of the Commissioner for External Affairs and the Council's High Representative. [HL429]
The existence or not of an EU common strategy does not affect the respective competences of the Commissioner for External Affairs and the Council High Representative for common foreign and security policy.
Democratic Republic Of Congo
asked Her Majesty's Government:What action they have taken bilaterally and through the European Union and the United Nations to help resolve the continuing conflict in the Democratic Republic of Congo since the death of President Kabila. [HL430]
At the General Affairs Council on 22 January, European Foreign Ministers condemned the assassination of President Kabila and called on all parties to respect their commitments to the Lusaka agreement and to comply fully with all relevant Security Council resolutions. The United Nations has issued a similar statement.Bilaterally we have repeated these messages to all countries involved in the conflict.
asked Her Majesty's Government:What consultations they have had on the Congolese crisis with (a) the United Kingdom's European allies and (b) other countries in Central Africa. [HL431]
I refer the noble Earl to my previous answer (HL430).
Israel: Effect Of Military Action On Palestinian Education
asked Her Majesty's Government:Whether they will ask the European Union to make a collective representation to the Government of Israel concerning the harmful effect on Palestinian education of recent military actions. [HL454]
Although many Palestinian students have now been able to return to full-time education on a regular basis, the effects of the Israeli closures is still a cause for concern. In Hebron and Gaza particularly the closures continue to hinder teachers and children trying to reach schools and colleges.Britain and the European Union have made representations to the Government of Israel on a number of issues of concern, particularly on the damaging effect of continuing IDF closures.
European Security And Defence Policy Report
asked Her Majesty's Government:Why no version of the report by the Presidency of the recent Nice conference on security and defence policy is available in any language other than French; and when they expect a version in English. [HL484]
The final version of the Presidency report to the European Council in Nice on the European security and defence policy is at present being prepared for publication by a jurists/linguists group.
Irish Republic: British Passport Holders
asked Her Majesty's Government:Whether they will estimate the number of British passport holders who are resident in the Irish Republic. [HL493]
It is impossible to estimate accurately the number of British passport holders currently resident in the Irish Republic. Given the freedom of movement in the EU, British passport holders are free to settle in Ireland at any time. The consular section at the embassy does not hold a register of the British passport holders in the country; given the freedom of movement between EU countries such a register would in any event be impractical and inaccurate.
British Embassy In Dublin: Issue Of Passports
asked Her Majesty's Government:How many British passports have been issued through the Embassy in Dublin during each of the last five years. [HL494]
The British Embassy in Dublin has issued the following numbers of British passports in each of the past five years:
- 1996: 4,701
- 1997: 5,199
- 1998: 5,649
- 1999: 6,381
- 2000: 7,274.
Prison Service: Suicide And Self-Harm Review
asked Her Majesty's Government:What progress has been made on the review of the Prison Service's suicide and self-harm strategy. [HL617]
The review's analysis and recommendations have been accepted by the Director General of the Prison Service and by Ministers and will be implemented progressively from April 2001 with the aim of year on year reductions in prisoner suicide and self-harm. There will be a strong stress on a preventive strategy which invests most resources where the risks are highest. An all-round pro-active approach will be developed which encourages a supportive culture in prisons based on good staff-prisoner relationships, a constructive regime and a physically safe environment. There will be improved identification and case arrangements for high risk prisoners.The review's recommendations will be developed and piloted in five establishments—Wandsworth, Feltham, Eastwood Park, Leeds and Winchester. They will be evaluated and rolled out to other prisons. The three-year strategy will involve a major investment of capital and staff in prisons. In the first year £8 million will be invested in implementation. Improvements will be made to reception and induction areas, for example through installing more first night centres, and by having more safe cells, crisis suites and gated cells.New healthcare screening procedures will start in 10 pilot prisons. Wing staff will be supported in their work by in-reach mental health teams and by the establishment of dedicated drug detoxification units. There will be full-time suicide prevention co-ordinators in high risk local prisons. The numbers of trained listeners at high risk prisons will be increased substantially.Copies of the review are being placed in the Library. The review recommended:
- a move away from awareness towards prevention;
- a risk-based strategy which invests more resources where the risks are highest and matches the level of support and intervention to the degree or risk of self-harm or suicide presented by the individual prisoner;
- improved screening and levels of specialist support;
- a better physical environment for prisoners, particularly when first received into custody;
- more training in mental health and suicide prevention for front-line staff in particular;
- better interventions for the management of repetitive self-injury;
- increased numbers of prisoner/listeners in high risk prisons; and
- better links with other agencies within the criminal justice system.
Charities: Voluntary Registration
asked Her Majesty's Government:Whether they are satisfied with the current arrangements for the voluntary registration of charities. [HL618]
We are grateful to all who responded to the recent consultation on this issue. There was general agreement as to the purposes of registration as set out in the consultation document. The responses received made clear, however, that voluntary registration is a complex matter which requires further careful examination and consideration before informed decisions can be reached on longer term policy. We have asked officials to develop more detailed proposals in the light of the responses to the consultation and in discussions with interested organisations.The current regulations, which made registration voluntary for charities connected with a number of religious bodies, expire on 1 March 2001. We have today laid a new statutory instrument to extend those regulations until 30 September 2002. That will allow time for the necessary work to be done to enable the way forward to be settled.We will make a further announcement later this year but we want at this stage to allay concerns expressed by some of those consulted that one of the proposals in the consultation document meant that umbrella bodies would be compelled to take on responsibilities which neither they nor their members want. We can give an absolute assurance that that was not, and is not, the Government's intention.Many respondents were also concerned that any change could make it more difficult for the public to find out about charities. The further work that we have commissioned will explore ways of making sure that that is not the case.
Nmec: Assets And Liabilities
asked Her Majesty's Government:When an estimate of the New Millennium Experience Company assets and liabilities will be placed in the Library of the House. [HL219]
I refer the noble Baroness to the letter sent to her by the noble Lord, Lord McIntosh of Haringey, dated 1 February 2001 and placed in the Libraries of both Houses.
Northern Ireland: Bill Of Rights Consultation
asked Her Majesty's Government:Which members of the Committees appointed by the Northern Ireland Human Rights Commission to advise on a Bill of Rights are also members of the Commission for the Administration of Justice (CAJ); and when they joined the CAJ. [HL256]
It is for the Commission to decide with whom it consults. I have asked the Chief Commissioner of the Northern Ireland Human Rights Commission to write to the noble Lord. A copy of his letter will be placed in the Library.
Millennium Dome Site: Expressions Of Interest
asked Her Majesty's Government:Whether they have received since 1 November 2000 any formal bid or informal expression of interest from a person, persons or company other than Legacy plc for the purchase of the Millennium Dome site; and, if so from whom. [HL328]
A number of unsolicited expressions of interest in the Dome have been received from third parties since 1 November 2000. Since 1 November we have received 17 expressions of interest in the Millennium. Dome. All such expressions are treated in confidence.
Type 45 Destroyer
asked Her Majesty's Government:Whether they remain committed to ensuring that subsequent batches of the Type 45 destroyer can be made subject to competitive tendering; and [HL272]How they will ensure that future batches of Type 45 destroyers are competitively priced; and [HL272]Whether single sourcing of the Type 45 destroyer will compromise the ability to have design modifications in future batches competitively priced; and [HL273]Whether they will ensure that nothing in the design of the Type 45 destroyer will preclude its construction at any recognised United Kingdom warship yard. [HL274]
The contract for the demonstration and first of class manufacture (DFM) phase, which covers the completion of the design and the build of the first three Type 45 destroyers, was placed with BAE Systems Electronics (the prime contractor for the Type 45 programme) on 20 December. Our procurement strategy for the programme has not changed. Under this, the first ship (HMS Daring) would be assembled by BAE Systems Marine with a substantial contribution by Vosper Thornycroft (VT), while the second ship (HMS Dauntless) would be assembled by VT and the third ship (HMS Diamond) by BAE Systems Marine. Both Marine and VT shipbuilders remain closely involved with all aspects of the design of the Type 45.It remains our intention that procurement of follow on batches of Type 45 destroyers will be subject to competitive tendering.It is also intended that all UK shipyards will have the opportunity to compete for the manufacture of certain modules/components of the first three ships and to bid for 100 per cent of such manufacture of the second batch of Type 45s and for ship assembly later in the programme. Bids for work should be made to the prime contractor at the appropriate time.
Horsham Ta Centre
asked Her Majesty's Government:What progress has been made with the disposal of the Horsham Territorial Army Centre. [HL469]
Ministry of Defence officials are concluding the sale of the former TA Centre at Horsham to Horsham District Council. This has taken slightly longer than envisaged in my earlier reply of 31 October, (Official Report, col. WA 89), but a final meeting was held on 31 January and it is the intention of all concerned that the matter will be completed shortly.
Monitoring Of Employees' E-Mails
asked Her Majesty's Government:What their response is to the recent survey by Klegal, the legal arm of KPMG, that 20 per cent of United Kingdom employers are breaking the law by secretly monitoring e-mails without informing their staff. [HL417]
Although the K-legal survey on employee Internet and e-mail usage has yet to be published in its final form, a press release announcing the main findings mentions that 20 per cent of respondents are monitoring Internet and e-mail usage without employees being aware that this may take place.The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, which came into force on 24 October 2000, ensure that businesses do not infringe the Regulation of Investigatory Powers Act 2000 if they intercept communications without the consent of the sender or recipient for the purpose of monitoring or recording them for legitimate business purposes, which are limited and specified by the regulations. Businesses which take advantage of the regulations must make all reasonable efforts to inform the users of their systems that their communications may or will be monitored. This is consistent with the requirement of the Data Protection Act 1998 that data subjects are made aware of who is processing personal data about them and for what purposes.Businesses may face liability for civil lawsuits if they do not act in accordance with the regulations, and action by the Information Commissioner (formerly the Data Protection Commissioner) in the case of any breach of the Data Protection Act.The Government wish to ensure that these requirements are drawn to the attention of businesses and others concerned as widely as possible. An important step in this regard will be taken with the publication later this year of the Information Commissioner's Code of Practice on the Use of Personal Data in Employer/Employee Relationships, which will provide comprehensive guidance on the implications of both the Data Protection Act and the Lawful Business Practice Regulations for practice in the workplace.
Employees: Entitlement To Transfer To Reduced Hours
asked Her Majesty's Government:In which member states of the European Union there is a legal entitlement for employees to move from full-time hours to reduced hours; and [HL419]Which of the member states of the European Union where there is a legal entitlement for employees to transfer to reduced hours make this conditional on an assessment of whether an employee's request causes harm to the business where they work. [HL420]
Germany and the Netherlands.
Learning Difficulties: Terms Used In Legislation
asked Her Majesty's Government:Whether they will explain the following terms used in special education and disability legislation—
Under the Education Act 1996 children have a learning difficulty if they have a significantly greater difficulty in learning than the majority of children of their age or they have a disability which prevents or hinders them from making use of educational facilities generally provided in schools within the area of their local education authority. Children who are under compulsory school age will have a learning difficulty if they are, or if no special educational provision were made for them would be, likely to have such a difficulty or disability when they reach compulsory school age.There are other definitions of learning difficulties in legislation dealing with education but they are very similar. For example, the definition in the Learning and Skills Act 2000 defines people as having learning difficulties if they have a significantly greater difficulty learning than the majority of people their age or have a disability which prevents or hinders them from making use of the educational facilities generally provided by institutions providing post-16 education or training.
There is no definition of "learning difficulties" in disability legislation. The 1978 report of the Warnock Committee suggested that "learning difficulties might be described as 'mild', 'moderate' or 'severe' ". "Severe learning difficulties" was the committee's preferred description of children who were then commonly referred to as being "mentally handicapped" and defined as "severely educationally sub-normal" but the term is not defined in education or disability legislation.
The Government's working definition of a person with a learning disability is a person who has: a significantly reduced ability to understand new or complex information, to learn new skills (impaired intelligence), and a reduced ability to cope independently (impaired social functioning), and which started before adulthood, with a lasting effect on development.
Learning disability is not defined for the purposes of education or disability legislation but it is used elsewhere. For example, it is defined for the purpose of travel concessions in the Greater London Authority Act 1999 and in the Transport Act 1985 (inserted by the Transport Act 2000) as "a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning".
Severe learning disability is not defined in education or disability legislation but is defined elsewhere. For example, it is defined in the Social Security (Incapacity for Work) (General) Regulations 1995 and the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 as "a condition which results from the arrested or incomplete physical development to the brain, and which involves severe impairment of intelligence and social functioning".
Work Permits And Displacement Of Resident Labour
asked Her Majesty's Government:What steps they are taking when granting labour permits to ensure that persons recruited from overseas are filling genuine vacancies not tillable from within the United Kingdom or elsewhere in the European Union and are not displacing existing workers. [HL307]
When applying for work permits employers are normally required to test the European economic area (EEA) labour market by advertising the job in the most appropriate medium and to provide details of any responses and reasons why resident workers are not suitable. This is not required in specified circumstances where it is not appropriate to test the availability of resident labour. These circumstances are where the applications are in respect of employees of multinational companies transferring to offices of the company based in this country, senior board level posts, jobs attracting related inward investment and jobs where there are acknowledged shortages of skills within the resident labour force. Any allegations of the displacement of resident labour following the issue of a work permit are thoroughly investigated.
Child Abuse
asked Her Majesty's Government:Whether they will set out, for each of the last 10 years for which figures are available, the percentage of total incidents of child abuse which were perpetrated on a child by a parent who was married to and cohabiting with the child's other parent; and, if these figures are not held centrally, why not; and [HL400]Whether they will set out, for each of the last 10 years for which figures are available, the percentage of total incidents of abuse which were perpetrated on a child by a parent cohabiting with, but not married to, the child's other parent; and, if these figures are not held centrally, why not; and [HL401]Whether they will set out, for each of the last 10 years for which figures are available, the percentage of total incidents of child abuse perpetrated on a child by one of a cohabiting but unmarried couple only one of whom is the child's parent; and, if these figures are not held centrally, why not; and [HL402]Whether they will set out, for each of the last 10 years for which figures are available, the percentage of total incidents of child abuse which are perpetrated on a child living with a parent who is not cohabiting with any other person; and, if these figures are not held centrally, why not. [HL403]
The information requested has never been held or collected centrally.As part of this Government's Quality Protects Programme, we are introducing a new system of statistical collection whererby information will be collected on the number of referrals which have been made to local authority social services departments on all alleged cases of abuse, the assessment of those referrals and the number of referrals which lead to inquiries under Section 47 of the Children Act 1989. This system will begin in April of this year and the information received will be published in autumn 2002.
Caesarean Sections
asked Her Majesty's Government:In view of the personal and financial costs of increasing Caesarean rates, what information is provided to women in pregnancy to explain the evidence on risks and benefits. [HL440]
The Department of Health has been working with the Health Development Agency to improve the information on caesarean sections in their Pregnancy Book which is distributed free to all first time mothers. Since September 1999, the book includes detailed information on caesarean sections and women are encouraged to ask questions. The text of this book is also available on the website: http//www.bbc.co.uk/health/parenting/prhealth.shtml.In addition, the department has taken steps to strengthen local audit processes by publishing figures for caesarean section rates by individual National Health Service trusts. This assists women in providing accurate up-to-date information on which to base their maternity choices.The Government are concerned about the rising rates of caesarean sections and big variations between trusts, as well as the high rates in some hospitals. We have an active programme of work in hand to address the variations and the reasons for the overall rise.The National Sentinal Caesarean Section Audit is a Department of Health initiative currently being undertaken by the Royal College of Obstetricians and Gynaecologists. This is a multi-disciplinary audit involving the Royal College of Midwives and the Royal College of Anaesthetist and user representatives. Last autumn (November 2000) the department asked the National Institute of Clinical Excellence to develop clinical guidelines based on the findings of this audit. This should even out variations around the country and help women make more informed choices.
Haemophilia Patients
asked Her Majesty's Government:What recent meetings health Ministers have had with the haemophilia community to discuss their concerns; and whether there is any action they will be taking as a result of these meetings. [HL501]
On 24 January I met the Haemophilia Society, the United Kingdom Haemophilia Centre Doctors Organisation and the Royal College of Nursing Haemophilia Nurses Association to discuss the case for extending the provision of recombinant clotting factors to all haemophilia patients in England. We are currently giving careful consideration to this issue.