Written Answers
Thursday, 8th March 2001.
Juvenile Girls In Prison Custody
asked Her Majesty's Government:Further to the answer by Lord Bassam of Brighton on 13 February (H.L. Deb., col. 134): (a) how many 15 and 16 year-old girls are being held in prison custody; and (b) what is their target date to fulfil their commitment of 8 March 1999 to have no 15 and 16 year-old girls in prison custody. [HL825]
On 31 January 2001, there were 30 15 and 16 year-old girls held in Prison Service custody. We will remove them to other accommodation as soon as possible.
Asylum And Immigration Detainees
asked Her Majesty's Government:What is the average length of detention for asylum and immigration detainees (a) in the Home Office Holding Centre Haslar; (b) in HM Prison Rochester; and (c) in detention centres in the United Kingdom as a whole. [HL991]
Information regarding the average length of detention for immigration detainees, including those who have sought asylum, is not currently available and could only be obtained at a disproportionate cost.
asked Her Majesty's Government:What safeguards exist in the system of processing of applications and appeals to ensure that asylum seekers are not detained indefinitely or for longer than 12 months. [HL992]
Continued detention in all cases involving persons in sole detention under Immigration Act powers is subject to a system of administrative review within the Immigration Service. The system ensures that detention is reviewed at regular intervals, starting 24 hours after detention has commenced, and continuing at weekly and monthly intervals by successively more senior officers. At 12 months detention is reviewed by the Deputy Director General (Operations) Immigration and Nationality Directorate. At each review detention must be considered to be essential for it to continue.
Arkady Gaydamak
asked Her Majesty's Government:Whether there has been any change in the situation regarding the case of Arkady Gaydamak since Mr Peter Hain said on 18 January that no international warrant had been issued for his arrest at the request of Judge Courroye; whether French authorities have now asked for help on the case; when Mr Gaydamak was given indefinite leave to remain in the United Kingdom; and on what basis his application was granted. [HL1002]
I refer the noble Lord to the reply I gave on 1st March (col. WA 154).
Treasury Solicitor's Department: Review
asked Her Majesty's Government:Whether there are plans to review the work of the Treasury Solicitor's department as an agency. [HL1122]
I am pleased to announce that, in accordance with the Government's commitment that all agencies should be reviewed regularly, a review of the work of the Treasury Solicitor's department is now being launched. The review, which will be conducted in accordance with the Cabinet Office Guidance published in January 2000, will be in two stages: first, to assess the department's performance as an agency and to consider whether agency status is the right organisational model and, secondly, to assess the scope for improving performance. The review will be supervised by a steering group chaired by Mr George Staple and conducted by Sir Quentin Thomas.
China: Eu Position
asked Her Majesty's Government:Whether they intend to co-sponsor or support a resolution at the 57th session of the United Nations Commission on Human Rights drawing attention to China's record on human rights. [HL971]
We are discussing with EU partners options for a common EU position towards China at the forthcoming 57th session of the UN Commission on Human Rights. We expect discussions to be finalised by the General Affairs Council on 19 March.
Treaty Of Nice: Articles Subject To Unanimity
asked Her Majesty's Government:If the proposed Treaty of Nice is ratified, which articles in the Consolidated Treaty on European Union and the Consolidated Treaty establishing the European Community will still be subject to the national veto. [HL806]
I attach a table setting out this information.Unless otherwise stated, all articles are from the treaty establishing the European Community:
| Treaty articles which will remain subject to unanimity in the EU and EC treaties following ratification of the Treaty of Nice | |
| Article | |
| Article 7.1 (TEU) | Sanctions clause |
| Article 17.1 (TEU) | European Council decisions on "common defence" and EU/WEU integration |
| Article 23.1 (TEU) | Foreign policy and defence decisions (Title V TEU) |
| Article 28.3 (TEU) | Operational expenditure under CFSP |
| Article 24 (TEU) | Conclusion of international agreements |
| Article 38 (TEU | covering issues for which unanimity is required for the adoption of internal decisions (except implementation of joint actions or common positions) |
| Article 34.2 (TEU) | Provisions on police and judicial co-operation in criminal matters (Title VI TEU) |
| Article 41.3 (TEU) | Operational expenditure for Title VI TEU |
| Article 42 (TEU) | Decision to move police and judicial co-operation in criminal matters to Title IV TEC |
| Article 44.2 (TEU) | Enhanced co-operation under CFSP, QMV with an emergency brake (unanimity) |
| Article 48 (TEU) | Treaty change |
| Article 49 (TEU) | Accession of new member states |
| Article 13 | Action against discrimination (except incentive measures) |
| Article 18.3 | Provisions on passports, identity cards, residence permits; provisions on social security or social protection |
| Article 19 | Arrangements for non-nationals to vote in EP and municipal elections |
| Article 22 | Additional rights of EU citizenship |
| Article 42 | Social Security for Migrant Workers |
| Article 47.2 | Particular principles on the free movement of professionals |
| Article 57.2 | Derogation from liberalisation of capital movements |
| Article 67.1 and 2 | Action under Title IV (visas, asylum, immigration and other policies related to the free movement of persons). 67.2 provides for a move to QMV after five years (if the Council so decides by unanimity). Article 67.5 and the Protocol and Declaration on Article 67 mean some moves to QMV will happen sooner: on entry into force of the Treaty of Nice (Article 65 with the exception of aspects relating to family law); from May 2004 automatically (Article 66); after framework legislation, defining common rules and basic principles, has been agreed by unanimity (Articles 63(1)(a), (b), (c), (d) and 63(2)(a)); and following a Council decision after May 2004 (Articles 62(2)(a), 62(3) and 63(3)(b)). |
| Article 71.2 | Transport policy |
| Article 72 | Approval for derogations from transport rules in favour of a member state's own carriers |
| Article 88.2 | Derogation for state aid rules in "exceptional circumstances" |
| Article 93 | Indirect taxation |
| Article 94 | Approximation of laws affecting internal market |
| Article 104.14 | Replacement of excessive deficits Protocol |
| Article 105.6 | Tasks of the European Central Bank |
| Treaty articles which will remain subject to unanimity in the EU and EC treaties following ratification of the Treaty of Nice | |
| Article | |
| Article 107.5 | Amendments (on a proposal from the Commission) to the statute of the ECB |
| Article 111.1 | Decisions concerning the ERM |
| Article 112.2(b) | Appointment of the ECB's Executive Board |
| Article 117.1 and 7 | Transitional provisions on the European Monetary Institute (EMI) |
| Article 123.5 | Institutional provisions relating to EMU |
| Article 133.5 and 6 | Specified exceptions to QMV for negotiation and conclusion of international agreements on trade in some services and commercial aspects of intellectual property |
| Article 133.7 | Extension of Common Commercial Policy to other aspects of international negotiations and agreements on intellectual property |
| Article 137.2 | Particular social provisions governed by |
| Article 139.2 | unanimity |
| Article 151.5 | Culture |
| Article 161 | Rules governing structural and cohesion fund tasks, objectives and organisation (until 2007, or until agreement on the next financial perspective, whichever is the later) |
| Article 175.2 | Exceptions to QMV for environmental provisions |
| Article 181a | Economic, financial and technical co-operation with third countries for association agreements (see Article 310) and agreements with accession candidates |
| Article 186 | Rules and procedures for association of |
| Article 187 | the overseas countries and territories with the Community |
| Article 190.4 | Uniform electoral procedure for European Parliament |
| Article 190.5 | Taxation provisions of the Statute for Members of the European Parliament |
| Article 202 | Comitology rules |
| Article 203 | Order of Presidency |
| Article 213.1 | Altering number of Commissioners |
| Article 215 | Council Decision not to fill a vacancy in the Commission College |
| Article 222 | Increasing number of ECJ Advocates General |
| Article 223 | Appointment of ECJ judges and |
| Article 224 | Advocates General, and CFI judges |
| Article 225a | Creation of judicial panels and appointment of members of the panels |
| Article 229a | Conferring jurisdiction on the ECJ for disputes concerning Community industrial property rights |
| Article 245 | Amendment to ECJ Statute |
| Article 250.1 | Amendment of a Commission proposal |
| Article 251.3 | Accepting EP amendments rejected by the Commission in the co-decision procedure |
| Article 252 (c, d and e) | Second reading of co-operation procedure |
| Article 269 | Community finances—own resources |
| Article 279.1 | Financial Regulations (until 1 January |
| Article 279.2 | 2007) Community's own resources |
| Article 289 | Seats of institutions |
| Article 290 | Community language regime |
| Article 296.2 | Derogation for trade in arms |
| Article 300.2/5/6 | Conclusion of international agreements covering areas where unanimity applies internally/association agreements (see Article 310) |
| Article 304 | Co-operation with OECD |
| Article 308 | Old Article 235 (residual legal base) |
| Article 309 | Sanctions clause |
China: One-Child Policy
asked Her Majesty's Government:Whether they intend to raise the coercive methods used by China in enforcing its one-child policy at the United Nations Human Rights Commission meeting on 19 March. [HL938]
Along with EU partners, we will be expressing our concern about the human rights situation in China in the common statement on country situations at the forthcoming 57th session of the UN Commission on Human Rights. Discussion on this EU common statement is under way. We will be pressing for the statement to include a call for the rights of the child in China to be recognised.
Parliamentary Commissioner For Administration: Public Access
asked Her Majesty's Government:Whether they will introduce legislation to create a public right of access to the Parliamentary Commissioner for Administration. [HL798]
Under the Parliamentary Commissioner Act 1967, members of the public must submit complaints to the Parliamentary Commissioner for Administration through a Member of Parliament (the "MP filter"). The operation of the filter was examined as part of a review of the Public Sector Ombudsmen in England, which was completed last year. We are currently considering all the responses to a consultation paper on the review, issued in June last year. An announcement on the outcome of the consultation and the next steps will be made before Easter.
Legacy Ple And The Millennium Dome
asked Her Majesty's Government:Whether they have received written assurances from the financial backers of the Legacy plc scheme for the Millennium Dome that are fully committed to Legacy's business plan; and, if so, which backers have provided such assurances; and [HL810]On what dates since 1 January Lord Falconer of Thoroton or his representatives have held meetings with representatives of Legacy plc; and [HL811]Whether they are satisfied that Legacy plc has the proper funding in place to sustain the development of the Millennium Dome site; and, if so, when they will publish the reasons why they are so satisfied; and [HL812]
What proportion of tenancies of the Millennium Dome site does the Legacy plc offer guarantee should be taken by the hi-tech business sector; and [HL813]
Whether Legacy plc has met all the Government's requirements for preferred bidder status; and, if so, whether they will list those requirements and the dates upon which they were met; and [HL814]
What steps they took before granting Legacy plc preferred bidder status to obtain satisfactory reassurances about the financial strength of that company. [HL815]
I refer the noble Baroness to my answer of 15 February to Baroness Gould of Potternewton (WA 53). Legacy's preferred bidder status expired on 14 February and the Government are no longer in negotiation with the company. The existing competition was terminated on 15 February and a new process is now being set up.
Nmec Chief Executive: Meetings With Ministers
asked Her Majesty's Government:On what dates in January and February Lord Falconer of Thoroton met Mr P-Y Gerbeau. [HL993]
I met Mr P-Y Gerbeau at a New Millennium Exerience Company (NMEC) board meeting on 18 January, which was his last day as NMEC chief executive.
Northern Ireland Human Rights Commission
asked Her Majesty's Government:What steps they are taking to fill the vacancy on the Northern Ireland Human Rights Commission; and [HL746]What steps they are taking to redress the community imbalance on the Northern Ireland Human Rights Commission; and [HL940]When the vacancy on the Northern Ireland Human Rights Commission will be filled; and whether they will ensure that any appointment will contribute to redressing the community imbalance on the Commission. [HL941]
The Secretary of State is satisfied that the commissoners, as a group, are representative of the community of Northern Ireland. Appointments to the Northern Ireland Human Rights Commission are made according to the guidelines issued by the Office of the Commissioner for Public Appointments and with regard for the Secretary of State's statutory duty under Section 68(3) of the Northern Ireland Act 1998. The Government have recently indicated that we wish to make further appointments to the commission. An advertisement inviting applications appeared in the Belfast Telegraph on 23 February.
asked Her Majesty's Government:Whether they have any plans to provide further funding to the Northern Ireland Human Rights Commission. [HL864]
We have always made clear that we would be prepared to consider any bid by the Northern Ireland Human Rights Commission for further funding, provided it was supported by a properly costed business case. Any bid would need to be considered against the other pressures on the Northern Ireland Office's budget. A bid from the commission was received during the Christmas break and is currently being considered.
asked Her Majesty's Government:Whether they will publish the code of conduct for the Northern Ireland Human Rights Commission in its dealing with organisations and individuals. [HL942]
This is a matter for the Northern Ireland Human Rights Commission. The Chief Commissioner has been asked to write to the noble Lord. A copy of his letter will be placed in the Library.
Northern Ireland Committee For The Administration Of Justice: Funding
asked Her Majesty's Government:What government agencies have funded the Committee for the Administration of Justice in Northern Ireland over the last 20 years; on what basis; and how much funding was provided. [HL747]
Computerised records from 1993–94 to date indicate that the Northern Ireland Office has not funded the Committee for the Administration of Justice in Northern Ireland. Information prior to this period is not readily available.
Strategic Communications Unit
asked Her Majesty's Government:To what extent and in what ways the Strategic Communications Unit uses e-mail and newsgroup postings to communicate its message to the public. [HL800]
The Strategic Communications Unit is responsible for the Downing Street website. Users can register on the 10 Downing Street site to receive regular news updates by e-mail. The Downing Street website does not currently host any newsgroups.
asked Her Majesty's Government:To what extent the Strategic Communications Unit is involved in the delivery of the news section of the re-launched United Kingdom online website. [HL912]
As with all government internet sites, the No 10 site, which is produced by the Strategic Communications Unit, is available via the UK online citizen portal. In addition, the Strategic Communications Unit is represented on the UK online editorial board alongside representatives from across government and the devolved administrations.
Broadband Networks
asked Her Majesty's Government:To what extent their commitment of £30 million to develop rural broadband services will contribute to the delivery of broadband connectivity throughout the UK; and [HL858]Whether the strategy outlined in
UK online: the broadband future is consistent with the pledge to make the United Kingdom the best place among the G7 for broadband services by 2005. [HL859]
The new £30 million challenge fund will enable the devolved administrations and regional development agencies to test innovative schemes for extending broadband networks.This fund and the other actions outlined in the recent report,
UK online: the broadband future, are a significant contribution towards ensuring that the UK has the most extensive and competitive broadband market in the G7 by 2005. The strategy was devised in consultation with industry and has been warmly welcomed by the CBI and Institute of Directors.
The further development of the strategy will be informed by the work of the UK online Broadband Stakeholder Group.
Slaughterhouses: Inspection Of Animals And Animal Carcasses
asked Her Majesty's Government:Whether they are aware of any new proposals before the Council of Ministers relating to the inspection of animals and animal carcasses in slaughterhouses. [HL978]
The Food Standards Agency advises that the only proposals before the Council of Ministers relating to the inspection of animals and animal carcasses in slaughterhouses of which they are aware are those published in July 2000 concerning the consolidation and simplification of food hygiene legislation, including those relating to meat.The agency has also circulated a recent Commission discussion paper on risk based meat inspection that refers to the Scientific Committee on Veterinary Measures relating to public health's opinion on postmortem procedures for fattening pigs raised under controlled circumstances. The paper also includes suggestions relating to the possible integration of ante-and post-mortem inspection into a hazard analysis critical control points (HACCP)-based system.
Sheep Dip Exposure Study
asked Her Majesty's Government:Whether the Medical Toxicology Unit will make the clinical records of the pilot study Surveillance of sheep dip exposures 23 September to 3 November 1991 available, subject to consent and confidentiality, to independent researchers who are carrying out government-funded research on the effects of organophosphates on health; and whether they would make these clinical records available, subject to the same conditions, to researchers who will carry out the forthcoming Ministry of Agriculture, Fisheries and Food-funded study Survey of health complaints among sheep-dippers. [HL981]
Subject to due considerations of consent and confidentiality, the Medical Toxicology Unit will be pleased to discuss findings of the pilot study Surveillance of sheep dip exposures 23 September to 3 November 1991 with independent researchers carrying out government-funded research.The Countess of Mar asked Her Majesty's Government:Whether they have information about the number of symptomatic patients who were subject to exposure to organophosphate-containing sheep dips and other organophosphate-containing products who were subjects of a clinical investigation by the Medical Toxicology Unit during 1993. [HL982]
Six patients were subjects of a clinical investigation by the Medical Toxicology Unit during 1993. All were symptomatic but not all had been exposed to sheep dips.
Cjd And Blood Donations
asked Her Majesty's Government:Whether the Department of Health requires the Blood Transfusion Service to supply any records of blood donations given by those subsequently diagnosed as suffering from Creutzfeldt-Jakob's disease; and, if not, why not. [HL1044]
The CJD Surveillance Unit and the UK Blood Services collaborate on a study to trace blood donations made by individuals who subsequently develop variant CJD. Information on the study is included in the CJD Surveillance Unit Annual Report, a copy of which is available in the Library.
Inherited Conditions: Free Drug Prescription
asked Her Majesty's Government:Whether patients with the following inherited conditions:
are entitled to free drug prescriptions on the National Health Service. [HL1068]
In England people suffering from cystic fibrosis, haemophilia, sickle cell and thalassaemia are entitled to free prescriptions if they are aged under 16 (under 19 if in full-time education), 60 or over, are suffering from an exempting medical condition (cystic fibrosis, haemophilia, sickle cell and thalassaemia are not of themselves exempting conditions) or they (or their partner) are receiving income support, income based jobseeker's allowance or tax credits (with their maximum credit reduced by £70 or less per week). They may also claim help under the NHS Low Income Scheme. For Scotland, Wales and Northern Ireland, prescription charging arrangements are a matter for the devolved administrations.
War Widow's Pension
asked Her Majesty's Government:Further to the Written Answer by Baroness Hollis of Heigham on 15 February
(WA 64), whether any of the five war widows referred to will have their war widow's pension restored if it is demonstrable that they are not "living with a man as his wife"; and what consultation they have had with the War Widows' Association on the provisions in the Social Security Fraud Bill that affect war widows. [HL972]
A war widow may reclaim her war pension at any time if she ceases to be living with a man as his wife. In two of the five cases referred to, war widow's pension has been restored.
The only measures in the Social Security Fraud Bill which could directly effect war widows are the loss of benefits provisions at Clauses 7 to 13 under which those who are twice convicted of benefit fraud will lose benefit for 13 weeks.
The Government's proposal is that these measures, which are intended to deter those who cheat the benefit system from re-offending, will apply to the vast majority of social security benefits and war pensions. The Government fully accept that the level of fraud in war pensions is minimal. Nonetheless they take the view that the war pensions scheme should be given the same level of protection from the threat posed by persistent benefit cheats as the mainstream social security system.
As the measures in question are aimed solely at the small minority who abuse the benefit system, the Government took the view that consultation with bodies such as the War Widows Association which represent benefit recipients would not be appropriate.
Depleted Uranium
asked Her Majesty's Government:What calculations are made within NATO of the implications for the health and well-being of civilian populations whenever depleted uranium is deployed in military action. [HL755]
When NATO is engaged in an international armed conflict, it is for individual nations whose forces are asked by NATO military authorities to conduct operations to scutinise the targets concerned to ensure that they are consistent with their obligations under international law. These obligations include the obligation to take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event minimising, civilian casualties and damage to civilian objects. The UK has never used depleted uranium during NATO military operations, but our assessments indicate that the health risks from exposure to DU are minimal.
Gulf Veterans: Blood Tests
asked Her Majesty's Government:For what purpose more than 250 Gulf veterans were referred by the Medical Assessment Programme to the clinic at the Hammersmith Hospital; and for what purpose the blood samples supplied by the veterans were used. [HL979]
The current physicians who have been at the Gulf Veterans' Medical Assessment Programme since February and September 1998 have no recollection of any Gulf veterans being referred to the Hammersmith Hospital. To find if any such referrals took place would require a trawl through over 3,000 medical records held at the GVMAP. This could only be done at disproportionate cost. If the noble Countess would care to write to me with more details of her concerns I will investigate further.Blood samples taken from Gulf veterans as part of the battery of routine clinical tests at St Thomas' Hospital (not by the GVMAP physicians) are used for the following tests: full blood count, blood biochemistry, glucose level, virology and immunology. The results of these tests are sent back to the GVMAP physicians, who report them to the patient's general practitioner.
House Of Lords Reform
asked Her Majesty's Government:Whether they consider, as part of House of Lords reform stage 2, life Peers and other Members of the House of Lords should be able to vote in elections for Members of the Upper House; and [HL553]Whether they consider, as part of House of Lords reform stage 2, Members of Parliament in the House of Commons should be able to vote in elections for Members of the Upper House. [HL554]
The Government will announce their conclusion on this question as part of their overall package of reforms.
Jubilee Line Delays
asked Her Majesty's Government:Whether the extreme delays on the Jubilee Line on 1 March were caused by a failure to complete engineering work at Finchley Road; if not, what was the reason; and what steps are being taken to ensure that there are no further delays. [HL1046]
Day-to-day operation of the Jubilee Line is a matter for London Underground (LUL). LUL informs me that during the morning of 1 March an unusual number of problems occurred almost simultaneously, with the cumulative result that around 45 per cent of normal service unfortunately could not be run.First, in the course of LUL's nightly out-of-service hours programme of safety checks on the system, a broken rail was discovered north of Finchley Road on the north-bound Jubilee Line track. Engineering work to repair the track was started immediately but was not complete before the start of morning services. As a result some Jubilee Line services had to be suspended and a temporary speed restriction had to be imposed, to enable the necessary safety work to be completed. This led to the cancellation of several trains.These problems were exacerbated by two other unrelated incidents: a signal failure near the site of the broken rail and a SPAD (signal passed at red) farther down the line. These incidents caused further delays, leaving many trains out of scheduled position, severely delayed or cancelled.LUL has in place official standard procedures, kept constantly under review, both for scheduled maintenance work and for following up and recovering from incidents such as these when they arise. LUL regrets that on this occasion the combination of difficulties arising together led to exceptional delays.
Foot-And-Mouth: Latest Developments
asked Her Majesty's Government:Whether they will report progress on the latest developments in the foot-and-mouth epidemic. [HL1125]
At 12 p.m. there were 104 confirmed cases in the UK—103 in Great Britain and I in Northern Ireland—with a number still under investigation. The pattern is still consistent with Heddon-on-the-Wall as the oldest known outbreak, with subsequent spread mainly through movement of animals, particularly sheep.About 90,000 animals have been identified for slaughter, of which 61,000 have been killed so far. Plans are in hand to render some of the carcases as an alternative to burning on farm.Over 260 abattoirs have been approved for the scheme by the Meat Hygiene Service, of which 168 were operating yesterday. The Meat and Livestock Commission estimated yesterday that British pork production was back to 50 per cent of normal, with beef at 40 per cent and lamb at 30 per cent.
In order to relieve emerging animal welfare problems, officials are urgently working on arrangements to allow licensed local movement of animals within farms in uninfected areas only, where this would not increase disease risk. We hope to have proposals prepared very shortly.
The EU Standing Veterinary Committee met on 6 March. The ban on UK exports of animals and products has been extended to Tuesday 27 March, but from 9 March the UK will be able to export unpasteurised cheeses to some countries. The SVC also imposed a ban on all livestock markets and assembly points in the EU for two weeks and a ban on animal movements except to slaughter or from farm to farm authorised by the competent authority. All vehicles leaving the UK will have to pass over a disinfectant bath. The Commission remains very supportive of UK action against the disease.
Scottish Executive: Expenditure Allocation
asked Her Majesty's Government:Whether the total expenditure allocated to Scotland of £15,047 million for the year 2000–01 and £16,231 million for 2001–02, as well as reflecting the application of the Barnett formula, takes any account of the implementation of the Sutherland report and the proposed increase in teachers' salaries above the level agreed for England. [HL410]
The system of allocating resources to the Scottish Executive is described in the Statement of Funding Policy published in July 2000.It is for the Scottish Executive to determine their spending proposals in accordance with their needs and priorities within their departmental expenditure limit (DEL) allocations determined according to the
Statement of Funding Policy.
The Scottish Executive's proposals on teachers' pay and the Sutherland report are being funded within their existing DEL allocations.